JASWANT SINGH Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) This matter was posted in 'B' Group and by consent of parties, it was taken up for final hearing.

(2.) In this petition under Art. 226 of the Constitution, the petitioner has sought for a writ in the nature of Mandamus to the Respondent to release the vehicle bearing No. BHN 5571 and also for a writ in the nature of prohibition directing the respondent to refrain from proceeding with the case in No. SDL.GL. 3490/78-79. The grievance of the petitioner is that the aforesaid transport vehicle belongs to him and the same was seized by the Hoskote Police on 11- 3-1979 purporting to act under the provisions of S. 62 (1) of the Karnataka Forest Act, 1963 (hereinafter referred to as 'the Act') and thereafter the said vehicle was produced before the respondent namely, the Divisional Forest Officer, Bangalore, under S. 71A of the Act. The further case of the petitioner is that he has made an application before the respondent for release of the aforesaid vehicle under S. 63 of the Act and that application and the proceedings under S. 71A of the Act, also have not been finalised.

(3.) Time was granted to the respondent to enable him to file his statement of objections, even then, he has not filed the same. Therefore, this Court has to proceed on the basis of the allegations contained in the writ petition as there is no denial of the same.