LAWS(PAT)-2011-11-141

OM PRAKASH RAJGARIA Vs. STATE OF BIHAR

Decided On November 14, 2011
Om Prakash Rajgaria Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioners and Mr. Rajeev Lochan, A.C. to G.A. 9 for the State.

(2.) The writ petition has been filed for quashing of the order dated 18.1.2003 passed by the Commissioner-cum-Secretary, Forest and Environment, Government of Bihar, Patna in Revision Case No. Van-Muk-(c) 1/2000.

(3.) By the said order, the respondent no.2 had set aside the appellate order dated 24.3.2011 passed by the Collector, Banka by which he had set aside the order of the Original authority i.e. the Divisional Forest Officer, Banka, who had ordered for confiscation of the Tractor and Tailor. The tractor bearing registration no. BR-10-840 and un-registered Tailor was found loaded with illegally seized 50 C.F.T. Base course stone pieces, 8 dhamas (Iron base kits) and one spade of the appellant u/s 52(3) of the Indian Forest (Bihar Amendment) Act, 1989 , which was seized by the Ranger Officer, Baunsi in the District of Banka. This seizure was done in the presence of the Divisional Forest Officer, Banka, and A.C.F., Banka, Foresters and three Guards.