Ashok Tiwary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ashok Tiwary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4964 of 2022

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Ashok Tiwary Son of Late Bhagwat Tiwary, Resident of Village-Jurndi, P.O.Jalaung, Bamebari, Kendujhar (Odhisa), At Present-Resident of VillageSheopur, P.S.-Kochas, District-Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar throgh the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna.

The Principal Secretary-Cum-Revisional Authority, Environment and Forest Department, Government of Bihar, Patna.

The District Magistrate-Cum-Appellate Authority, Rohtas at Sasaram.

The Divisional Forest Officer-Cum-District Forest Officer, Rohtas at Sasaram.

The Forester, Tilanthu, District-Rohtas.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Babu Nandan Prasad, Adv. For the Respondent/s : Mr.Dhurjati Kumar Prasad (Gp14)

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 25-02-2025 Heard the parties.

The petition has been filed for the following

reliefs:-

“ 1. To issue writ(s), order/ orders

direction(s), including a writ in the nature of Certiorari for quashing the order dated 06.04.2016, passed in Forest Confiscation case no. 180/15D, arising out of Forest case no. 86/2015, dated - 05.10.2015 by the Divisional Forest officer, Rohtas (Respondent no. 4) (as

Patna High Court CWJC No.4964 of 2022(4) dt.25-02-2025 2/3

contained in wheal Annexure - 3) celer by and where under the vehicle (Hywa/Truck) bearing Registration no. OD-09A/6249 of the petitioner has been confiscated and further to quash the order dated - 04.03.2017, passed by the Respondent District Magistrate, Rohtas at Sasaram in Forest Confiscation Appeal No. - 34/2016, (as contained in Annexure - 4) by which the forest Confiscation Appeal preferred by the petitioner and the order of Forest Confiscation Case of the said vehicle has been affirmed by Respondent District Magistrate, Rohtas at Sasaram and also to quash the Revisional order dated 09.03.2022, passed in Forest Revision No. 02/2021 by the Respondent Revisional Authority, Patna has already been dismissed the Forest Revision petition of the petitioner, on wholly erroneous without looking into facts and circumstances of the case and considering the case of the petitioner, which has been communicated to the petitioner (as contained in Annexure -5).

Patna High Court CWJC No.4964 of 2022(4) dt.25-02-2025 3/3

II. To issue writ/writs, order(s),

direction(s) including a writ in the nature of

mandamus directing the respondents Authorities to release the vehicle (Hywa/Truck) bearing Registration no. OD-09A/6249 alongwith dust of stone chips in his favour forthwith.

III. For granting any other relief of reliefs for which the petitioner may be found entitled in the facts and circumstances of the case.” .

In this case on 13.09.2024, three weeks

peremptory time was granted to the petitioner to remove the defect(s).

As it was a peremptory order and was not complied, it stands dismissed on 04.10.2024.

Perused the file, consigned.

(Rajiv Roy, J)

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