JHABBOO LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioner has sought a direction to release the Tractor which has been confiscated by the respondents.

(2.) THE brief facts of the case are that the tractor in question was being used by the petitioner for agricultural purpose on the land reserved for forest. On being asked by the Forest Guards, the petitioner was not in a position to submit any Patta, receipt, etc. Eventually, the tractor No.MP28-AA-0252 alongwith cultivator was seized. One spear and axe was also seized on 12.07.2010 and a forest Case No.367/2002 was registered. Since upon the land of forest illegally agricultural cultivation was being made by the petitioner in contravention to Section 33(1)(i) (State Amendment) therefore an offence has been registered and simultaneously the vehicle in question was also seized and was directed to be confiscated by respondent no.3 vide order Annexure-P/1. Before passing the order of confiscation a detailed inquiry was made by respondent no.3.

(3.) IN this manner this writ petition has been filed by the petitioner.