SHYAM NARAYAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, State and learned Spl. P. P. for the Mines Department.

(2.) The present writ application has been filed for issuance of writ/writ direction/direction order/orders appropriate in nature for quashing order dated 16.10.2015 of Principal Secretary, Environment and Forest Department Bihar, Patna in Revision case no. 28 of 2014 as well as setting aside the order dated 11.9.2014 of District Magistrate Munger in Forest Confiscation Appeal Case no. 2 of 2011-12 and also quashing the order dated 15.12.2011 of Authorized officer -cumDivisional Forest Officer, Munger in Confiscation case no. 14 of 2010 and further for a direction to release the confiscated Public carrier Truck having Registration nos. BR/ 21-D/5851 and BR-21C-8551 confiscated by order dated 15.12.2011 of Authorized officer -cum-Divisional Forest Officer, Munger in Confiscation case no. 14 of 2010.

(3.) Learned counsel for petitioner is aggrieved by order dated 16.10.2015 as contained in Annexure-10 by which the Revisional Authority affirmed the order of the Confiscating Authority as well as the Appellate Authority passed in Forest Confiscation Appeal case no. 2 /11-12. Learned counsel further submits that total 4 trucks were intercepted loaded with boulders by the Forest Authority on H-80 Hemjapur Police OP. They have been confiscated on the ground that they were having forged challan. The trucks were seized and confiscated under Section 52(3) of Indian Forest Act. Notice was issued to all the owners of four vehicles and after submission of the report order was passed to confiscate all the four vehicles loaded with boulders. Learned counsel for petitioner submits that two vehicles bearing Registration nos. BR 21D-5851 and BR 21-C- 8551 belonged to this petitioner. Learned counsel further submits that out of remaining two trucks one truck bearing Registration no. CG 04 HA-3565 belonged to Mamta Sinha which has been released vide order passed in Appeal.