SATPAL SINGH SALUJA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner filed an appeal in the Court of Deputy Commissioner, Dhanbad, against the order of confiscation passed under section 52 of Forest Act, 1927. It was registered as Confiscation (Forest) Appeal No. 4/2005 arising out of Confiscation Case No. 9/2004.

(2.) WITHOUT admitting the case, the Deputy Commissioner, Dhanbad, by her marginal notes dated 5th July, 2005, on the caption of the appeal, rejected the appeal on the ground that there appeared no prima facie case made out for interference.

(3.) THE notes dated 5th July, 2005, given by the Deputy Commissioner, Dhanbad, on the caption of the appeal petition are set aside. The appeal is remitted with direction to the Deputy Commissioner, Dhanbad, to decide the appeal on merit after notice and hearing the parties, preferably within a period of two months. The petitioner should appear before the Officer, who will fix the date for hearing. The writ petition is allowed with the aforesaid observations and directions.