AYUB Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 21.1.2003 whereby the appeal preferred by the petitioner against the order of confiscation has been dismissed.

(2.) Short facts giving rise to the present application are that while a truck bearing registration No. UP. 7 IA-6300 loaded with Khair wood was coming from Kochas towards Buxar on 18.6.1996, it was seized and a confiscation proceeding was initiated. The Authorised Officer-cum-Divisional Forest Officer by order dated 16.12.1996 directed for confiscation of the truck as also Khair wood loaded on it. Aggrieved by the said order, petitioner preferred appeal before the Collector and when the said appeal was not being disposed of, he preferred Md. Ayub v. State of Bihar and Ors., CWJC No. 754 of 1997, before this Court. This Court by order dated 18.12.1997 directed for disposal of the appeal as expeditiously as possible. In the light of the order of this Court, the appellate authority dismissed the appeal by order dated 27.7.2000. Petitioner aggrieved by the same, preferred Revision Case No. C-25 of 2000 Md Ayub v. Divisional Forest Officer, Shahabad Forest Davison, Sasaram, and the revisional authority i.e., the Secretary. Environment and Forest Department, Bihar by order dated 2.2.2002 dismissed the revision application.

(3.) Petitioner being aggrieved by the aforesaid orders filed CWJC No. 5547 of 2002 Md. Ayub v. Secretary, Environment and Forest Department, Bihar Patna and others, before this Court assailing the aforesaid orders. This Court by order dated 30th of October, 2002 remitted the matter back to the District Magistrate for reconsideration of the appeal. In the light of the order of this Court, petitioner appeared before the District Magistrate and after hearing both the parties, he by the impugned order dated 22.1.2003 dismissed the appeal.