HINDUSTAN ENTERPRISES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the order dtd. 13/1/2023, passed by respondent no.3 (annexure no.6), whereby timber of the petitioner has been confiscated under Sec. 52-A (1) of the Indian Forest Act, 1927 (Uttaranchal Amendment) (hereinafter referred to as 'Act of 1927').

(2.) It is submitted by learned counsel for the petitioner that before passing any order of confiscation under Sec. 52-A (1) of Act of 1927 an opportunity of hearing is to be given to the person whose property is ceased/confiscated.

(3.) Learned counsel for the respondent/State submits that against the aforesaid order an appeal is prescribed under Sec. 52-B of the Act of 1927 before Conservator of Forest and the writ petition therefore is not maintainable.