MADAN GOPAL GUPTA, S/O LATE RAM BRIKSHA GUPTA Vs. STATE OF BIHAR THROUGH FOREST SECRETARY CUM COMMISSIONER, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) This writ application has been filed for issuance of appropriate writ in the nature of mandamus directing the Respondent authority i.e. Divisional Forest Conservation Officer cum Area Director and Divisional Forest Officer, Bettiah, West Champaran, to provisionally release the vehicle of the Petitioner bearing registration No. UP 53 T 0975 (Old Truck) 2002 in compliance of the order passed in CWJC No.19542 of 2013 till disposal of CRM Case No.10 of 2014-15.

(2.) It has been submitted on behalf of the Petitioner that he is registered owner of the Truck bearing registration No.UP 53T 0975. Vehicle of the Petitioner was seized by Kotraha Forest Officer on 17.04.2006 and reported to the Divisional Forest Officer to institute a case against the vehicle. The case was registered under the Forest Act in the Court of the ACJM, West Champaran, Bettiah. The Forest Officer, Kotraha (Respondent No.7) filed First Information Report and prepared seizure list of the goods dated 17.04.2006 and the vehicle was detained in the campus of Forest Department, Kotraha. The order for confiscation of the vehicle as well as the goods was passed on 01.05.2007. The Petitioner contested the matter and submitted the Challan for transporting the aforesaid article dated 17.04.2006, which showed that the sand loaded on the truck was taken from raiyati land. The Respondent did not consider the plea of the Petitioner and vehicle was confiscated.

(3.) The Petitioner filed appeal before the Collector, West Champaran, vide CRM Case No.09 of 2007-08. The Collector, West Champaran, passed order dated 07.11.2008 holding that the sand loaded on the truck was loaded from a raiyati land of one Vindhya on the basis of valid Challan. Respondent No.6 was directed to release the truck to the Petitioner on furnishing personal bond of Rs. One lac. Xerox copy of the order dated 07.11.2018 passed by the Collector, West Champaran, in CRM Case No.09 of 2007-08 is enclosed as Annexure-2.