SYED HUSSAIN Vs. DIVISIONAL FOREST OFFICER ADILABAD DIVISION

JUDGEMENT

(1.) THE petitioners questioned the order of confiscation of their lorry bearing No. AP-13 T 1301 under Section 44(2-A) of the Andhra Pradesh Forest Act by filing an 'appeal' to the Conservator of Forest, Adilabad - the 2nd Respondent herein. THE 'appeal' filed by the petitioners was rejected by a cryptic order dated 15-4-1994. No reason is mentioned in the impugned order as to why the appeal was rejected. THE learned Government Pleader tells us that the appeal was rejected as it was not maintainable. THE learned Government Pleader submits that the remedy open to the petitioners was to file an appeal to the District Court under Section 44(2-E) of the Forest Act. We cannot accept this contention advanced by the learned Government Pleader. Sub-section (2-D) of Section 44 empowers the Forest Officer not below the rank of a Conservator of Forest to call for and examine the record of the order of confiscation passed by the Forest Officer under sub-section (2-A) of Section 44 and to pass such order as he may think fit after due enquiry. This power can be exercised either suo motu or on an application and the time-limit for invoking this power is 30 days from the date of the confiscation order, which obviously means the date of receipt of the order. Though the 'petition' filed by the petitioners may have been styled as 'appeal', so long as the power is vested in the superior officer specified in sub-section (2-D) of Section 44 (in this case the 2nd Respondent), the petition should not have been summarily rejected. THE rejection of the 'appeal' or the 'petition' is based on an obvious misapprehension that the 2nd Respondent had no power to entertain any complaint or representation against the order of confiscation. THE impugned order is, therefore, liable to be quashed on this short ground. It may be mentioned that against the order rejecting the application under subsection (2-D) of Section 44, appeal lies to the District Court under sub-section (2-E) of Section 44.

(2.) THE writ petition is, therefore, allowed and the 2nd Respondent will dispose of the 'appeal' treating it as an application filed before him under sub-section (2-D) of Section 44 of the A.P. Forest Act and pass appropriate orders thereon on merits within two months from the date of receipt of this order, after giving an opportunity of hearing to the petitioners or their representative. No costs.