SOHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Delay in filing the counter affidavit is condoned. Counter affidavit filed by respondent No. 4 is taken on record. Delay condonation application (IA/2/ 2025) made therefor, is allowed.

(2.) By means of the present writ petition, petitioner has put to challenge the order dtd. 20/7/2024 passed by Prescribed Authority/Divisional Forest Officer, Tarai Western Forest Division, Ramnagar, whereby, the application of petitioner for release of his vehicle has been rejected and order dtd. 11/11/2024 passed by Appellate Authority/Conservator of Forest, Western Circle Uttarakhand, Haldwani, affirming the order dtd. 20/7/2024.

(3.) The facts in brief are that the petitioner is a registered owner of Mini Tempo/Truck (hereinafter referred to as vehicle) bearing registration No.UK 18 CA 0698. Said vehicle was seized around 10:45 P.M. on 8/3/2024 by the forest officials after receiving information that the alleged vehicle was illegally carrying forest wood. Thereafter, a Forest Offence Case No. 222/Ramnagar/2023-24 was registered and vehicle was seized and submitted the same before respondent No. 3 under Sec. 52 of the Indian Forest Act, 1927 Uttarakhand Amendment (hereinafter referred to as the Forest Act). Petitioner, thereafter, moved an application before respondent No. 3 for release of his aforesaid vehicle by paying the requisite fine in the department. Prescribed Authority/respondent No. 3 vide its order dtd. 20/7/2024 confiscated the vehicle u/s 52-A(1) of the Forest Act. Thereafter, petitioner moved statutory appeal No. 39 of 2024-25 under Sec. 52-B of the Forest Act before the respondent No. 2 challenging the order dtd. 20/7/2024. The appellate authority/ respondent No. 2 dismissed the said appeal vide order dtd. 11/11/2024. Hence, the petitioner is before this Court by challenging both the impugned orders.