JAI RAM MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner by way of filing the present petition under Article 226 of the Constitution of India, has prayed for quashing and setting aside Order dated 28.9.2010 passed in Forest Revision Case No. 49/2009 by the learned Principal Secretary, Department of Forest and Environment, Government of Jharkhand, order dated 12.8.08 passed by learned Deputy Commissioner-cum-District Magistrate, Bokaro, whereby, the appeal filed by the petitioner against the order dated 10.7.2006 passed by learned Authorized Officer-cum-Divisional Forest Officer, Bokaro in confiscation Case No. 06/2004, whereby the vehicle of the petitioner has been ordered to be confiscated, has been dismissed. It is further prayed for quashing of the order dated 10.7.06 passed by the learned Authorized Officer-cum-Divisional Forest Officer, Bokaro in Confiscation Case No. 06/2004, whereby, the vehicle of the petitioner has been ordered to be confiscated and to pass an appropriate order directing the authority concerned to release the vehicle (Tractor No. JH 11B 4089 along with the trailer) in favour of the petitioner. Heard the learned counsel for the parties and perused the impugned order as well as other materials placed on record.

(2.) On perusal of supplementary counter affidavit filed by the respondent, it appears that Govindpur P.F. is a notified and demarcated protected Forest which has been notified as Protected Forest vide Notification no. OPF-10152/52-5301R dated 27th December, 1952 and this notification was published in January 21st, 1953 issue of the Bihar Gazette.

(3.) It appears that the similar issue came before this Court and