SHIV KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY this writ application the petitioner seeks to challenge the correctness, validity and propriety of the order dated 2.2.2002 passed in revision case no. (C) 28 of 1999 filed by the D.F.O. Purnea against the present petitioner, the revisional authority allowed the revision petition, set aside the appellate order and restored the order passed by the Divisional Forest Officer, Purnea.

(3.) THE facts in nut shell are that certain properties including the vehicle were seized inter alia, observing that they were involved in commission of the forest offence and were liable to confiscation. On 3.12.1998 at about 1.20 p.m. the Forester seized tractor no. BR -11A -1675 attached with a trailor loaded with 16 pieces of the Sisam logs and arrested two persons. A seizure memo was prepared and confiscation proceeding bearing no. 55 of 1998 commenced in the Court of Authorised Officer -D.F.O., Purnea and commencement of the proceedings was informed to the Chief Judicial Magistrate, Purnea. Thereafter, the Authorised Officer passed an order directing confiscation of the vehicle on 14.1.1999. The owner of the vehicle being aggrieved by the said order filed an appeal as provided under Section 52(A) of the Forest Act which was registered as Forest Appeal No. 21 of 1999. After hearing the parties, the appellate authority/Collector allowed the appeal. Being aggrieved by the said order, the State in its name did not prefer a revision under Section 52 -B of the Forest Act in its application to the State of Bihar, but a revision was filed by the Divisional Forest Officer who himself was the authorized adjudicating authority and has passed the first order of confiscation. After hearing the parties the revisional authority allowed the revision, set aside the appellate order and restored the order passed by the D.F.O. who was an appellant before the revisional authority.