Patna High Court - Orders
Kameshwar Singh vs The State Of Bihar & Ors on 24 April, 2014
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5511 of 2014
======================================================
1. Kameshwar Singh Son Of Sri Arjun Singh Resident Of Village - Bairhi,
P.S. - Jagdishpur, Distt. - Bhojpur
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Distt. Magistrate, Rohtas At Sasaram
3. The Divisional Forest Officer-Cum-Authorised Officer, Rohtas Forest
Division, Sasaram, Rohtas
4. The Range Officer, Sasaram Forest Range, Distt. Rohtas
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh
For the Respondent/s : Mr. Sc17- Arvind Kumar-2
======================================================
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL
ORAL ORDER
2 24-04-2014Heard learned counsel for the petitioner and A.C. to S.C. 17 for the State. With the consent of the parties, the present writ application is being disposed of.
The petitioner claims himself to be the owner of truck bearing registration mark and No. UP-65R-9031. The respondents carried out a search of the truck of the petitioner on 18.12.2012 which was found laden with stone chips said to have been carried from the protected forest area. Following seizure, a Forest Case No. 59 of 2012 was lodged under sections 33, 41 and 42 of the Indian Forest Act. A confiscation proceeding was also initiated vide confiscation case No. 50/2012(B). The petitioner appeared thereto and filed his show cause/written submissions. On a Patna High Court CWJC No.5511 of 2014 (2) dt.24-04-2014 2 consideration of the matter, the Confiscating Authority (Respondent no. 3) directed for confiscation of the vehicle. Aggrieved thereby, the petitioner filed an appeal vide Appeal No. 78 of 2013 before the Respondent District Magistrate/Collector. The petitioner also prayed therein for provisional release of the vehicle during the pendency of the appeal upon imposition of appropriate/reasonable condition. The grievance of the petitioner is that neither prayer for grant of provisional release of the vehicle nor the appeal itself has been disposed of by the respondent District Magistrate. Counsel for the petitioner, therefore, submits that the application be disposed of directing the respondent Appellate Authority to consider and dispose of either the application seeking provisional release of the vehicle or the confiscation appeal itself within a time frame. In this connection, he has brought to the notice of the Court the order of the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai versus State of Gujarat since reported in (2002) 10 SCC 283.
Learned counsel for the State, on the other hand, submits that if an appeal has been preferred praying therein for certain interim relief which has remained undisposed in the fitness of thing this Court may pass suitable direction for expeditious disposal thereof.
Patna High Court CWJC No.5511 of 2014 (2) dt.24-04-2014 3
Counsel for the petitioner drawing attention of the Court to an order dated 10.4.2014 passed by this Court in C.W.J.C. No. 5772 of 2004 submits that in similar circumstance, this Court had directed for disposal of appeal or the interim prayer made therein by the Appellate Authority within six weeks from the date of receipt/production of a copy of this order.
Having considered the submission of the parties, this Court is satisfied that the present writ application be disposed of by the following order:
Let the Appellate Authority (Respondent no. 2) dispose of either the application seeking provisional release of the vehicle filed by the petitioner in the Forest Appeal No. 78 of 2013 and/or the appeal itself on its own merit as quickly as possible preferably within six weeks from the date of receipt/production of a copy of this order. Needless to observe that the petitioner shall fully cooperate in disposal of the matter as per the present order.
(Kishore Kumar Mandal, J) Pankaj/-