Madhya Pradesh High Court
Smt. Kallo Bai vs The State Of Madhya Pradesh on 9 October, 2012
W.P.No.13394 of 2012
09.10.12
Shri Shailendra Tiwari, counsel for the petitioner.
Shri P.Dharmadhikari, GA for the respondents.
The petitioner has filed this petition under Article 226 of the Constitution of India for issuing appropriate writ in the nature of certiorari for quashment of the order dated 9.4.12 Annex.P/3 passed by respondent No.3 the Sub Divisional Forest Officer-cum Authorized Officer. In additional to it, the prayer for appropriate direction to the respondents to release her seized vehicle bearing registration No. MP 22/AA-0763 and Trolley No. 0764, is also made.
In the course of the arguments, I am apprised by the petitioner's counsel that against the impugned order her appeal filed on dated 13.4.12 Annex.P/6 is pending for adjudication before the authority of the respondent No.2/ The Chief Conservator of Forest Cum Appellate Authority. In continuation he said that along with the appeal an application for giving the interim custody of the aforesaid vehicle and trolley was also filed by the petitioner but till today neither appeal is considered and decided nor such application was considered in any manner and made his limited submission to dispose of this petition with appropriate direction to the respondent No.2 to consider and decide the aforesaid appeal of the petitioner in accordance with the procedure prescribed under the law on some early date within some time bound schedule.
The State counsel did not have any objection in disposing of this petition on the aforesaid limited prayer of the petitioner counsel.
In view of the aforesaid submission, in the available circumstances, without expressing any opinion on merits of the matter, this petition is disposed of with a direction to respondent No.2/ appellate authority that the aforesaid appeal Annex.P/6 along with the application dated 27.7.12, be considered and decided on merits in accordance with the procedure prescribed under the law within 60 days from the date of submitting the certified copy of this order by the petitioner in its office.
The petitioner is directed to submit the certified copy of this order along with the copy of the petition with annexures in the office of respondent No.2 within 15 days from today.
C.C as per rules.
(U.C.Maheshwari) Judge MKL