MUKESH KUMAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SEEKING a direction upon the respondent no. 4Divisional Forest Officer, Sahebganj for release of vehicle bearing registration no. BR10H3848 with wooden logs, the petitioner has filed the present writ petition.

(2.) THE learned counsel appearing for the petitioner submits that the proceeding under Confiscation Case No. 50 of 2010 was concluded vide order dated 08.09.2010 by the order of Authorised OfficercumDivisional Forest Officer, Sahebganj holding the confiscation valid and the same was affirmed by the Deputy Commissioner, Sahebganj vide order dated 04.08.2011 in RMA Case No. 21 of 201011. On a revision application being Revision Case No. 2/Forest/106 of 2011 preferred by the petitioner, the order passed by the original authority and the appellate authority were quashed vide order dated 13.06.2012.

(3.) THE learned G.A. appearing for the respondent submits that since the revision authority had passed the exparte order without granting sufficient opportunity of hearing to the respondent no.4, the review application was filed before the Secretary, Department of Forest and Environment. However, it is fairly submitted by the learned G.A. that under a misconception in law, the vehicle belonging to the petitioner was not released by the respondent no. 4.