RAJESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition has been filed for issuance of writ in the nature of certiorari to quash the order dated 05.08.2013 (Annexure-14) passed by the Principal Secretary, Forest and Environment Department, Govt. of Bihar, Respondent no.1 passed in Confiscation Revision case no. 23 of 2005 by which the learned Principal Secretary allowed the revision application, after setting aside the order dated 29.11.2004, passed by the Collector -cum- District Magistrate, Munger (Respondent no.2) in Forest Confiscation Appeal no. 7 of 2003-04 and affirmed the order of the Divisional Forest Officer Munger, passed in Confiscation case no. 15 of 2002 and 16 of 2002 by order dated 13.6.2002 which is contained in Annexure-9 to this petition. The petitioner has further prayed for issuance of writ in the nature of mandamus directing the respondent authority to release the left over boulders and ballasts to the petitioner part of which has been taken away by the petitioner under the order of the Hon'ble Court by order dated 9.11.2009 passed in C.W.J.C. No. 9343 of 2009. The petitioner has further prayed to direct respondent authorities to compensate the petitioner with cost of the materials or with the materials which is short from the quantity of the materials earlier confiscated by the Respondent Forest officer.

(2.) Learned counsel for petitioner has submitted that there was a notice published inviting tender for supply of boulders and ballasts to be transported to Digha Railway site to be used for the construction of Digha Sonepur Railway Bridge. It was a condition precedent that the person being the real owner of the boulders and ballasts validly extracted shall only be entitled to file tender. The tender of the petitioner was accepted and petitioner was awarded the contract having being satisfied that petitioner was in position to supply the valid boulders and ballasts. It is further submitted that part of the boulders and ballasts was extracted from the mine when he was the valid lease holder of the mines and part of it was purchased from the persons who has extracted the boulders and ballasts. The petitioner after obtaining the transit permit from the Mining Department boulders and ballasts was transported to new Railway quarry site and stacked there for loading in the Railway wagon to be transported to Digha Railway site. The quarry site Jamalpur is within the premises of Indian Railway.

(3.) It is further submitted that one Manohar Prasad Forest Range officer, Jamalpur, who was already put under suspension on 19.4.2006 seized the boulders and ballasts and issued letter dated 2.5.2002 indicating therein that he has seized the boulders on 16.4.2002 and on 19.4.2002. Thereafter Range officer submitted report to D.F.O Munger on 2.5.2002 on the basis of which a prosecution report was submitted on 29.9.2003 under Section 26(G), 41,42 and 51(1) of the Forest Act and Section 2(ii), 3A of Forest ( Conservation) Act, 1980 and 29, 52 of Wild Animal Conservation Act against the petitioner and other accused persons. The FIR has been enclosed as Annexure-1 to writ petition. The D.F.O. on the basis of the report initiated two confiscation proceedings, namely Confiscation case nos. 15 of 2002 and 16 of 2002. The D.F.O. without notice to the petitioner in violation of principle of natural justice and mandate of law as envisaged in Section 52(4) of the Act confiscated the boulders and ballasts by order dated 13.6.2002.