IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5180 of 2006
SUSHIL KUMAR SINGH, SON OF SRI SURAJ BALI SINGH, RESIDENT
OF VILLAGE+P.O.- SIKARIA, P.S.- DARIGAON, DISTRICT- ROHTAS :---PETITIONER.
Versus
1. THE STATE OF BIHAR
2. THE SECRETARY, DEPARTMENT OF FOREST AND ENVIRONMENT,
GOVERNMENT OF BIHAR, PATNA.
3. THE DISTRICT MAGISTRATE, ROHTAS, SASARAM.
4. THE DIVISIONAL FOREST OFFICER, SAHABAD, ROHTAS.
5. FORESTER, AMRI PROTECTED FOREST AREA, ROHTAS, SASARAM
:---RESPONDENTS.
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3. 17.03.2011. Heard learned counsel for the petitioner
and the State.
2. Tractor of the petitioner was seized
while carrying stone chips which is said to have
been extracted from the protected forest area.
Disputing such claim petitioner objected to the
confiscation of the vehicle-in-question. His plea
was negatived by the Divisional Forest Officer
under orders dated 12.8.2002, Annexure-5 against
which he filed appeal before the Collector, Sasaram
who also rejected the same under orders dated
09.07.2004, Annexure-6. Petitioner assailed the
aforesaid two orders by filing revision before the
Forest Commissioner asserting before him that the
seizure of the tractor made by the Forester was
contrary to the provisions contained in Section 52
D of the Indian Forest Act, 1927 as thereunder
officer not below the rank of Range Officer is
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authorized to seize the vehicle.
3. Having heard counsel for the petitioner
and the State, I direct the Forest Commissioner to
consider Revision Case No. 1MC26/2004 in the
light of the submissions noted above that the
Forester was not competent to seize the vehicle as
also the other submissions raised by the petitioner
in the revision application, as early as possible, in
any case within a period of two months from the
date of receipt/production of a copy of this order
before the Forest Commissioner.
4. The writ application is, accordingly,
disposed of.
(V.N.Sinha,J.)
P.K.P.