LAXMAN KISAN MUNDHE Vs. CONSERVATOR OF FOREST THANE

JUDGEMENT

(1.) THE petitioner is the owner of Truck No. MTT - 3920. He purchased the truck on 8-2-1991 and handed over the truck along with the power of attorney for plying the same for consideration of rent to one Chander Hari Datar. Since said Chander Datar neglected to pay the rent he himself took the truck and started soil transport work at Dahisar Check Naka. His working route was Dahisar Check Naka to Borivali Goraj khadi. He had engaged the services of one driver called Ramesh Jivane who is staying in Dahisar. THE petitioner was staying in Mumbra. THErefore he instructed the driver to park the same in Dahisar check Naka where he usually ply the truck. On 9-4-1991 he came to know that his truck was retained by the Forest officer in connection with some offence allegedly committed by his driver. It was reveled further on enquiry that on 5-4-1991 at about 3.30 a. m. the truck was proceeding from Parol to Shivsad it was inspected at Mandvi Check Naka, and found carrying forest property i. e. 154 sagwoods allegedly valued at Rs 79,000/- without any legal permission thereof. THE truck and the property was seized under panchanama and the person found in the truck and the driver were arrested. Subsequently, the confiscation proceedings has been taken under section 61 of the Indian Forest Act. In the confiscation proceedings the truck was confiscated.

(2.) IT is averred in the writ petition that against the order of confiscation dated 27-8-1991 he filed a revision on 3-9-91 and the revision has been disposed of without hearing the petitioner on 24-9-91 confirming the order of confiscation. IT is in these circumstances the petitioner approached this court by way of this writ petition.