Praveen Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13754 of 2016 ====================================================== Praveen Yadav Son of Kameshwar Singh Resident of Village- Talavan Bigha, Pahleja, P.S.- Dehri, District- Rohtas. .... .... Petitioner

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, District- Rohtas.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Respondent/s : Mr. Nirbhay Prashant, AC to SC17 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 23-12-2016 Learned counsel for the parties are present.

The limied relief prayed by the petitioner in this writ petition is for a direction to the Appellate Authority under the Indian Forest Act, 1927, who in the present matter would be the District Magistrate, Rohtas at Sasaram, for expeditious disposal of the appeal filed on behalf of the petitioner. The petitioner has also prayed for provisional release of his vehicle pending adjudication of his appeal.

In this writ petition, the confiscation proceeding has been decided against the petitioner and the appeal is pending. The grievance of the petitioner is that while there is no sign of expeditious disposal of his appeal, the vehicle which is subject matter of the appellate proceedings would be rendered obsolete since the same is kept under open sky and thus subjected

Patna High Court CWJC No.13754 of 2016 (2) dt.23-12-2016 to the vagaries of weather as well as wear and tear. The petitioner in this case has preferred Forest (Confiscation) Appeal No. 9/2016 being aggrieved by the order of confiscation passed by the Divisional Forest Officer cum Authorized Officer, Rohtas at Sasaram in Confiscation Case No. 142(B)/2015 arising from Forest Case No. 69F/2015.

Having heard learned counsel for the parties and taking into consideration the limited prayer made by the petitioner, this writ petition is disposed of with the direction to the District Magistrate, Rohtas at Sasaram cum Appellate Authority under the Indian Forest Act, 1927 to consider and dispose of the appeal of the petitioner in accordance with law and after giving opportunity of hearing to the contesting parties, expeditiously and preferably within three months from the date of receipt/ production of a copy of the order. In case of any reason the appeal is not disposed of within the period stipulated hereinabove, the Appellate Authority would consider the prayer of the petitioner for provisional release of his vehicle in question and dispose of the same within one month thereafter in accordance with law.

With the observations/ directions aforementioned, this writ petition is accordingly disposed of.

(Jyoti Saran, J) Surendra/- U