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2019 DIGILAW 380 (PAT)

Upendra Yadav, Son of Rudal Yadav v. State of Bihar

2019-03-07

SANJAY PRIYA

body2019
JUDGMENT : Sanjay Priya, J. 1. In the instant writ application, petitioner has sought following reliefs: (I) To quash and set aside Annexure- P/8 i.e. the order dated 03.11.2017 (issued on 28.12.2017) passed in Forest Revision Case No.17 of 2015-- Upendra Yadav Vs. State of Bihar and others, whereby and whereunder the Revisional Authority, who is the Principal Secretary, Environment and Forest Department, Patna, Bihar, has been pleased to dismiss the revision filed by the petitioner. (II) To quash and set aside Annexure- P/6 i.e. the order dated 16.02.2015 passed in Forest Confiscation Appeal Case No.30 of 2013 by the Appellate Authority cum District Magistrate, Lakhisarai, whereby and whereunder the confiscation appeal filed by this petitioner was rejected. (III) To quash and set aside Annexure- P/4 i.e. the order dated 26.07.2013 passed in Confiscation Case No.01 of 2010 by the Authorized Officer cum-Divisional Forest Officer, Munger Forest Division, whereby and whereunder the tractor along with trailor belonging to the petitioner was confiscated having Maker's Classification Mahindra- 475 DI (without any number plate), Chasis No.SBC 3944 on the ground that it was loaded with stone metals on Ramshir Jalappa Road near Ramshir Protected Forest. 2. Counsel for the petitioner submits that he was holding valid Challan of the loaded stone metals on the tractor. He has valid paper with regard to ownership of the tractor. The confiscating authority including the appellate authority and the revisional authority at no point of time doubted the genuineness of the Challan, but still tractor and stone metal has been confiscated by the confiscation authority by order dated 26.07.2013 passed in Confiscation Case No.01 of 2010 as contained in Annexure- P/4. Subsequently, the appellate authority by order dated 16.02.2015 passed in Forest Confiscation Appeal Case No.30 of 2013 as contained in Annexure- P/6 and the revisional authority by order dated 03.11.2017 passed in Forest Revision Case No.17 of 2015 as contained in Annexure- P/8 has affirmed the order of the confiscation authority on the same ground that Challan was not produced at the time of seizure of vehicle. 3. Perused all the three orders as contained in Annexure- P/4, Annexure- P/6 and Annexure- P/8. 4. It appears that petitioner has produced valid Challan vide Challan No.SN 3248998 and Book No.3249 with regard to stone metal, which was obtained from Matokha Mining Area of Sheikhpura, and was transporting to Jalappa in Lakhisarai District. 3. Perused all the three orders as contained in Annexure- P/4, Annexure- P/6 and Annexure- P/8. 4. It appears that petitioner has produced valid Challan vide Challan No.SN 3248998 and Book No.3249 with regard to stone metal, which was obtained from Matokha Mining Area of Sheikhpura, and was transporting to Jalappa in Lakhisarai District. The petitioner also produced all the valid document with regard to ownership of the tractor, but the confiscating authority and subsequently the appellate authority as well as revisional authority has rejected the prayer of the petitioner for release of the tractor and stone metal only on the ground that Challan was not produced at the time of seizure of tractor. 5. Counsel for the petitioner submits that the driver had fled away due to fear and, therefore, Challan was not produced at that time. However, all the authorities have admitted that Challan was produced and they have not doubted about the genuineness of the Challan. The revisional authority has mentioned in the order that the appellate authority has held that Challan produced by the vehicle owner was issued on 06.01.2010 at 8.00 AM and Tractor was seized at 4.00 PM in Ramshir Protected Forest Area. 6. In this manner, from the order of the revisional authority, it is apparent that Challan was issued before seizure of the vehicle and the same was also produced before the authorities, but still tractor was not released. 7. In view of such, the orders as contained in Annexure- P/4, Annexure- P/6 and Annexure- P/8 suffers from illegality and, are, accordingly, set aside. 8. The confiscating authority is directed to release the vehicle of the petitioner along with metal stone within a period of four weeks from the date of receipt/production of a copy of this order and on production of valid Challan as well as other documents with regard to ownership of the tractor. 9. This writ application is, accordingly, allowed.