ORDER
R.K. Merathia, J.
1. Heard the parties.
2. Petitioner prays for an order, similar to the order passed by this Court in W.P. (C) 4080 of 2003 in the case of Mithu Ram on 16.8.2004.
3. Mr. Atanu Banerjee, learned Counsel appearing on behalf of the petitioner submitted that several trucks were seized and the Divisional Forest Officer-cum-Authorized Officer, Hazaribagh was directed to dispose of the interim applications for relief, by order dated 10.7.2002, passed in W.P. (C) No. 186 of 2002, but he passed final order confiscating the trucks in question. He further submitted that one of the truck owners, Mithu Ram moved this Court and the matter was remanded back for taking afresh decision on merits.
4. However, Mr. Banerjee agreed that the petitioner’s application for interim relief need not be decided separately, as the main confiscation case itself is to be decided on merits now.
5. Mr. Pradip Modi, learned Counsel for the State submitted that apart from the petition for interim relief, the petitioner also filed his show cause on 21.5.2002 in the main confiscation case and after allowing several opportunities, the said final order was passed after taking into consideration the relevant aspects of the matter and nothing further is required to be decided.
6. However, in view of the said order passed in W.P. No. 4080 of 2003 on 16.8.2004 (Annexure-8), order passed by the Divisional Forest Officer-cum-Authorized Officer, Hazaribagh in Confiscation Case No. 18 of 2002 as contained in Annexure-3 and also the order passed by. the Deputy Commissioner-cum-Competent Appellate Authority as contained in Annexure-7 are hereby quashed. The matter is remitted back to the Divisional Forest Officer, Hazaribagh to dispose of the Confiscation Case No. 18 of 2002 on merit after giving sufficient opportunity of hearing to the parties.
7. It is expected that, as the matter is old, the Divisional Forest Officer, Hazaribagh will dispose of the confiscation case of the petitioner in accordance with law, within a period of three months from the date of receipt/production of a copy of this order, if the petitioner and other concerned parties co-operate.
8. With these observations and directions, this application is disposed of.
