RAKESH CHOUBEY Vs. STATE

JUDGEMENT

(1.) FOR the purpose of interim relief heard learned counsel for the petitioner, learned counsel appearing for the Gram Panchayats and learned Government Advocate. After noticing the main contentions raised on behalf of the petitioner this writ petition was adjourned on 6.10.2004 to enable the State counsel to take instruction from Respondent No. 2, Secretary, Department of Environment and Forest, Govt. of Bihar. Now, a counter affidavit on behalf of O.P. No. 2 is available on record.

(2.) THE main interim relief being sought on behalf of the petitioner is for stay of further proceeding in Forest Case No. 21 of 2004 pending in the court of Chief Judicial Magistrate, Rohtas at Sasaram and for direction to the authorities of the Forest Department to release the seized kendu leaves since it is a perishable commodity. A copy of order dated 7.10.2004 passed by a Bench of this Court in Civil Writ Jurisdiction Case No. 11081 of 2004 has been produced on behalf of the petitioner. It has been submitted that the concerned Gram Panchayats from whom the petitioner had purchased the kendu leaves in auction filed the aforesaid Civil Writ case for declaration of their right to pluck the kendu leaves and to dispose of the same as owners and in that writ proceeding on the prayer of the Gram Panchayats the seized kendu leaves have already been ordered to be released on an undertaking that the Gram Panchayats shall deposit 30 per cent of the sale proceeds which was to be recovered from the purchaser, in bank. A perusal of the said order dated 7.10.2004 further shows that lodging of a criminal case under the provisions of the Indian Forest Act and Wild Life Protection Act has also been noticed. On noticing the said order of release this Court felt difficulty in passing an order of release in favour of the petitioner of this writ against whom criminal case has been lodged and from whose custody the kendu leaves in question were seized. This Court was considering to transfer this writ petition for being heard together with civil writ petition by the same Court but learned counsel appearing for the Gram Panchayats has submitted that Gram Panchayats have actually obtained release of the kendu leaves for the benefit of this petitioner who is auction purchaser and the leaves will be handed over to this petitioner as soon as they are released by the forest authorities because 30 per cent of the sale proceeds is to be paid by this writ petitioner. In view of such stand and undertaking this Court is no longer required to pass a separate order for release in favour of the writ petitioner. The undertaking of the Gram Panchayats as noticed above is recorded and the concerned Gram Panchayats shall be obliged to hand over the kendu leaves to the writ petitioner as soon as the kendu leaves are released in favour of Gram Panchayats. Although, the kendu leaves were admittedly in possession of this writ petitioner earlier to their seizure but the aforesaid order has been passed only because in another writ petition order of release has been passed in favour of Gram Panchayats.

(3.) PUT up this case for admission in usual course.