Patna High Court - Orders
Manjee Yadav vs The State Of Bihar & Ors on 24 November, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15037 of 2014
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Amit Kumar Son of Raja Ram Prasad, resident of Mohalla- Panjabi
Mohalla, P.S. Civil Line Distt.- Buxar
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Forest
and Environment, Bihar, Patna
2. The Divisional Forest Officer-cum-Authorised Officer, Rohtas Forest
Division, Rohtas at Sasaram
3. The Forester, Darigaon, Rohtas
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.15050 of 2014
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Kamlesh Kumar Singh Son of Bhuneshwar Singh, resident of Mohalla-
Premchand Path, P.S. Sasaram, Distt.- Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Forest
and Envornment Bihar, Patna
2. Divisional Forest Officer-cum-Aythorised Officer, Rohtas
3. The Forester Sasaram, Rohtas
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.15386 of 2014
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Jitendra Kumar Singh S/o Sudama Singh, resident of village Hematpur,
Police Station Ara (Mufassil), District Bhojpur at Ara Presently residing at
Mahajan Toli No. 1, P.S. Arrah (Town), District Bhojpur at Ara.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Chief Conservator of Forest, Bihar, Patna.
3. The Principal Secretary, Forest Department, Government of Bihar, Patna.
4. The District Magistrate, Rohtas at Sasaram.
5. The Divisional Forest Officer, Rohtas at Sasaram.
6. The District Forest Officer, Rohtas at Sasaram.
7. The Ranger Officer, Sasaram Forest Area, Rohtas at Sasaram.
8. The Ranger, Fasilpur Forest Area, Sasaram East Range, Rohtas at
Sasaram.
.... .... Respondent/s
Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 2
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with
Civil Writ Jurisdiction Case No.15957 of 2014
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Vindeshwari Singh, son of Vayash Singh, resident of village- Surar, P.S.-
Navinagar, District- Aurangabad
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Rohtas at Sasaram
3. The Divisional Forest Officer-cum-Authorised Officer, Rohtas Forest
Division, Sasaram, Rohtas
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.16015 of 2014
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1. Dharmendra Singh Son of Sukar Singh, resident of village- Bharkuriya,
Police Station- Sasaram Muffasil, District- Rohtas at Sasaram
2. Dharmendra Singh Son of Sukar Singh, resident of village- Bharkuriya,
Police Station- Sasaram Muffasil, District- Rohtas at Sasaram
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar
3. The Chief Conservator of Forest, Bihar, Patna
4. The Chief Conservator of Forest, Bihar, Patna
5. The Principal Secretary, Forest Department, Government of Bihar, Patna
6. The Principal Secretary, Forest Department, Government of Bihar, Patna
7. The District Magistrate, Rohtas as Sasaram
8. The District Magistrate, Rohtas as Sasaram
9. The Divisional Forest Officer, Rohtas at Sasaram
10. The Divisional Forest Officer, Rohtas at Sasaram
11. The District Forest Officer, Rohtas at Sasaram
12. The District Forest Officer, Rohtas at Sasaram
13. The Ranger Officer, Sasaram Forest Area, Rohtas at Sasaram
14. The Ranger Officer, Sasaram Forest Area, Rohtas at Sasaram
15. The Ranger, Darigaon Forest Area, Sasaram East Range, Rohtas at
Sasaram
16. The Ranger, Darigaon Forest Area, Sasaram East Range, Rohtas at
Sasaram
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.16022 of 2014
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Akhalakh Ansari Son of Najubuddin Ansari, resident of Village- Bansa,
P.O.- Karwandiya, P.S.- Sasaram (M), District- Rohtas
.... .... Petitioner/s
Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 3
Versus
1. The State of Bihar through the Principal Secretary, Department of Forest
and Environment, Bihar, Patna
2. The Divisional Forest Officer, Rohtas at Sasaram
3. The District Forest Officer, Rohtas at Sasaram
4. The Ranger, Darigaon Forest Area, Sasaram, District- Rohtas at Sasaram
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.16787 of 2014
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Md. Azad S/o Md. Siraj, resident of Village Badi Sarimpur, P.O. + P.S.
Industrial Area Buxar, District Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Forest and Environment
Department, Bihar, Patna.
2. The Principal Secretary, Forest and Environment Department, Bihar,
Patna.
3. The District Magistrate, Rohtas.
4. The Divisional Forest Officer cum Authorised Officer, Rohtas at
Sasaram.
5. The Forester (Forest Officer), Tilauthu, Darigaon, District Rohtas.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.17364 of 2014
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1. Uma Shankar Kumar, son of Sri Bhola Paswan
2. Amit Kumar Singh, son of Sri Ram Naresh Kumar
Both are residents of 197-Karwandiya, P.S. Sasaram (M),
District-Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Forest Department,
Government of Bihar, Patna
2. The District Magistrate, Rohtas at Sasaram
3. The Divisional Forest Officer-cum-Authorized Officer, Rohtas, Forest
Division, Sasaram, Rohtas
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.17430 of 2014
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Santosh Kumar Singh, son of Laldeo Singh, resident of village-Kanchanpur,
P.S. Sasaram, District-Rohtas
.... .... Petitioner/s
Versus
Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 4
1. The State of Bihar through the Principal Secretary, Forest Department,
Government of Bihar, Patna
2. The District Magistrate, Rohtas at Sasaram
3. The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest
Division, Sasaram, Rohtas
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.17484 of 2014
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Jairam Singh S/o- Ramayan Singh, R/o- Meyari Bazar (Newadhi), P.S.-
Nokha, District- Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Forest
and Environment, Bihar, Patna
2. The Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest
Division, Rohtas at Sasaram
3. The Superintendent of Police, Rohtas
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.17490 of 2014
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Rajendra Singh son of Late Bhikhari Mahto, resident of village- Sita Bigha,
P.S.- Sasaram (M), District- Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Forest Department,
Government of Bihar, Patna
2. The District Magistrate, Rohtas at Sasaram
3. The Divisional Forest Officer-cum-Authorised Officer, Rohtas, Forest
Division, Sasaram, Rohtas
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.17897 of 2014
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Satish Kumar Singh, son of Late Ramanugrah Singh, resident of
Gobardhanpur, P.S. - Akhorigola, Dist.- Rohtas (Sasaram)
.... .... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Rohtas at Sasaram
2. The Principal Secretary, Department of Environment and Forest, Bihar at
Patna
Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 5
3. The Divisional Forest Officer cum Authorized Officer, District - Rohtas
at Sasaram
4. The Officer-in -Charge, Bikramganj, P.S. -Bikramganj, District-
5. Rohtas at Sasaram
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.19262 of 2014
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Manjee Yadav, son of Sri Mahendra Yadav, resident of village-Sudhar
Dera, P.O. Mogaon, P.S. Kuran Saraiya, District-Buxar
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Forest Department,
Government of Bihar, Patna
2. The District Magistrate, Rohtas at Sasaram
3. The Divisional Forest Officer-cum-Authorised Officer, Rohtas Forest
Division, Sasaram, Rohtas
.... .... Respondent/s
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Appearance:
(In CWJC No.15037 of 2014)
For the Petitioner/s : Mr. Sanjay Kumar Tiwary
For the Respondent/s : Mr. Manoj Kr. Ambastha
(In CWJC No.15050 of 2014)
For the Petitioner/s : Mr. Sanjay Kumar Tiwary
For the Respondent/s : Mr. Manish Kumar, G.P.-8
(In CWJC No.15386 of 2014)
For the Petitioner/s : Mr. Vipin Kumar Singh
For the Respondent/s : Mr. Ajay, GA-12
(In CWJC No.15957 of 2014)
For the Petitioner/s : Mr. Rajani Kant Singh
For the Respondent/s : Mr. P.K. Singh, SC-12
(In CWJC No.16015 of 2014)
For the Petitioner/s : Mr. Vipin Kumar Singh
For the Respondent/s : Mr. Ajay, GA-12
(In CWJC No.16022 of 2014)
For the Petitioner/s : Mr. Nagendra Prasad
For the Respondent/s : Mr. S.S. Prasad, SC-10
(In CWJC No.16787 of 2014)
For the Petitioner/s : Mr. Ravi Shankar Sahay
For the Respondent/s : Mr. Harish Kumar (GP-32)
(In CWJC No.17364 of 2014)
For the Petitioner/s : Mr. Rajani Kant Singh
For the Respondent/s : Mr. Purnendu Singh, GP-27
(In CWJC No.17430 of 2014)
For the Petitioner/s : Mr. Rajani Kant Singh
For the Respondent/s : Mr. S.K. Jha, GP-3
Mr. Rakesh Kr. Singh, AC to GP-3
(In CWJC No.17484 of 2014)
For the Petitioner/s : Mr. Sanjay Kumar Tiwary
For the Respondent/s : Mr. Kumar Priyaranjan, SC-23
Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 6
(In CWJC No.17490 of 2014)
For the Petitioner/s : Mr. Rajani Kant Singh
For the Respondent/s : Mr. Manish Kumar, GP-8
(In CWJC No.17897 of 2014)
For the Petitioner/s : Mr. Sumeet Kumar Singh
For the Respondent/s : Mr. Nirbhay K.Singh
(In CWJC No.19262 of 2014)
For the Petitioner/s : Mr. Rajani Kant Singh
For the Respondent/s : Ms. Nivedita Nirvikar, GA-10
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 24-11-2014Learned counsel for the parties are present.
Since in each of these cases the relief prayed by the petitioners is identical hence they have been taken up together for analogous hearing and final disposal with the consent of the parties.
The petitioners in each of the writ petitions seek a direction to the Divisional Forest Officer, Rohtas Forest Division, Rohtas-Cum-Authorized Officer under the Indian Forest Act, 1927, for provisional release of their respective vehicle pending adjudication of the confiscation proceedings. In each of these cases the vehicle of these petitioners stands seized on grounds of alleged violation of the provisions of the Indian Forest Act and which has led to institution of the Forest Case which is now pending consideration in respective confiscation proceedings before the Authorized Officer who happens to be the Divisional Forest Officer, Rohtas Forest Division, Rohtas.
The contention advanced by the learned counsel for the Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 7 respective petitioners is that keeping the vehicles under the open sky to face the vagaries of the weather would serve no purpose and would only turn them obsolete rendering them useless for any future use and which would benefit none rather it would only result in loss.
Learned counsel for the respective petitioners have stated that the petitioners would not be creating any third party right nor they would alienate the vehicle pending disposal of the respective confiscation case and that they would produce the vehicle as and when required in the confiscation proceedings. It is also the contention of learned counsel that release petitions have also been filed before the statutory authority but has remained pending in most of the cases and thus these writ petitions. The individual details of the petitioner in each of the writ petitions are given hereinbelow.
(1) C.W.J.C. No. 15037 of 2014 In this case the vehicle of the petitioner bearing Registration No. UP-60T-0950, Chassis No. MAT448030B2B03702 and Engine No. B591803111B62993755 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 41 of 2014 which has led to registration of Confiscation Case No. 47 of 2014 pending adjudication before the Divisional Forest Officer-
Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 8cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(2) C.W.J.C. No. 15050 of 2014 In this case the vehicle of the petitioner bearing Registration No. BR24H-4994, Engine No. and Chasis No. RDT-33214 alongwith Trailor No. BR-24G-1503 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 07 of 2013 which has led to registration of Confiscation Case No. 18 of 2013 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(3) C.W.J.C. No. 15386 of 2014 In this case the vehicle of the petitioner bearing Registration No. JH-05T/5345, Engine No. 697TC 56GSZ134333 and Chassis No. 373134 GSZ 124580 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 4 of 2014 which has led to registration of Confiscation Case No. 09 of 2014 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(4) C.W.J.C. No. 15957 of 2014 In this case the vehicle of the petitioner bearing Registration No. WB-23A-8653 was Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 9 seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 23 of 2014 which has led to registration of Confiscation Case No. 33 of 2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(5) C.W.J.C. No. 16015 of 2014 In this case the vehicle of the petitioner bearing Registration No. BR-24E-6322 was seized on allegations of transporting forest produce without any supportive papers giving rise to Dihri (Indrapuri) P.S. Case No. 119 of 2014 which has led to registration of Confiscation Case No. 23 of 2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(6) C.W.J.C. No. 16022 of 2014 In this case the vehicle of the petitioner bearing Registration No. BR 24F-8993, Engine No. RDT 29364 alongwith Trailor No. BR 24F 8994 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 69 of 2013 which has led to registration of Confiscation Case No. 124 of 2013 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 10(7) C.W.J.C. No. 16787 of 2014 In this case the vehicle of the petitioner bearing Registration No. UP-65R/9543 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 40 of 2014 which has led to registration of Confiscation Case No. 46 of 2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(8) C.W.J.C. No. 17364 of 2014 In this case the vehicle of the petitioner bearing Registration No. BR-23G/6669 was seized on allegations of transporting forest produce without any supportive papers giving rise to Karakat P.S. Case No. 214 of 2013 which has led to registration of Confiscation Case No. 100 of 2013 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram. (9) C.W.J.C. No. 17430 of 2014 In this case the vehicle of the petitioner bearing Registration No. JH-12B/8225 was seized on allegations of transporting forest produce without any supportive papers giving rise to Dehri P.S. Case No. 404 of 2013 which has led to registration of Confiscation Case No. 78 of 2013 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 11 Division, Rohtas at Sasaram.
(10) C.W.J.C. No. 17484 of 2014 In this case the vehicle of the petitioner bearing Registration No. JH-02J-5903, Chessis No. 373134FSZ307227 and Engine No. 697TC56FSZ131638 was seized on allegations of transporting forest produce without any supportive papers giving rise to Akorihgola P.S. Case No. 65 of 2014 which has led to registration of Confiscation Case No. 48 of 2014 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(11) C.W.J.C. No. 17490 of 2014 In this case the vehicle of the petitioner bearing Registration No. BRZ-9141 was seized on allegations of transporting forest produce without any supportive papers giving rise to Kochas P.S. Case No. 25 of 2012 which has led to registration of Confiscation Case No. 13 of 2012 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(12) C.W.J.C. No. 17897 of 2014 In this case the vehicle of the petitioner bearing Registration No. BR-26B-5677, Engine No. 80C62658919 and Chessis No. 426036DRZ71698 was seized on allegations of transporting forest produce without any Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 12 supportive papers giving rise to Bikramganj P.S. Case No. 145 of 2013 which has led to registration of Confiscation Case No. 83 of 2013 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(13) C.W.J.C. No. 19262 of 2014 In this case the vehicle of the petitioner bearing Registration No. UP 60J9727, Chessis No. 426031DRZ115735 and Engine No. 80D62667914 was seized on allegations of transporting forest produce without any supportive papers giving rise to Dehri (Town) P.S. Case No. 49 of 2014 which has led to registration of Confiscation Case No. 12 of 2014 pending adjudication before the Divisional Forest Officer- cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
I have heard learned counsel for the parties and I have perused the materials on record.
As I have taken note of hereinabove, the vehicles of these petitioners stand seized on allegation of being loaded with illegally mined stone chips. Though learned counsel for the respective petitioners have tried to defend the load carried on each of the vehicles but considering that the matter is pending adjudication before the statutory authority, this Court would express no opinion thereon. However taking note of the Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 13 circumstances that these vehicles are lying unattended under the open sky to face the vagaries of weather, this Court is of the opinion that allowing these vehicles to turn obsolete would benefit none rather it would only lead to losses and thus this Court would deem fit and proper to order for the provisional release of the vehicles subject to furnishing of supporting papers of ownership and security as deem fit and proper by the authorized officer and which release obviously would be subject to final outcome of the confiscation proceedings.
In the circumstances discussed, this Court would direct the Divisional Forest Officer, Rohtas Forest Division, Rohtas -
cum-Authorized Officer under the Forest Act, 1927 in seisin of the respective confiscation cases which are subject matter of the present proceedings to release of the respective vehicles in favour of the petitioners within four weeks of the receipt/production of a copy of the order subject to the fulfillment of the following conditions.
(a) The petitioner shall produce all original papers supporting the ownership of the vehicle in question including the registration papers, the insurance paper, the tax token and the pollution certificate.
(b) The petitioner shall file an undertaking in the form of an affidavit that he shall not alienate the vehicle or transfer the vehicle in favour of Patna High Court CWJC No.15037 of 2014 (2) dt.24-11-2014 14 any third party during the pendency of the confiscation proceedings and shall produce the vehicle as and when required in the confiscation proceedings.
(c) The petitioner shall furnish such security as deem fit and proper by the Divisional Forest Officer-cum-Authorized Officer, Rohtas at Sasaram which shall neither be in the form of cash nor bank guarantee; and
(d) The release of the vehicle shall be governed by the final outcome of the confiscation proceedings.
With the observations and directions aforementioned, the writ petitions are disposed of.
(Jyoti Saran, J) S.Sb/-
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