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2019 DIGILAW 624 (PAT)

Ram Swarup Singh v. State of Bihar

2019-04-19

SANJAY PRIYA

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Sanjay Priya. – Counsel for the Petitioner submits that he got the Shisham tree from is own raiyati land for which he had taken permission from Mukhiya. The Mukhiya has given permission on the basis of report of Halka Karamchari. He has produced all the documents before the Confiscating Officer, but the same was not considered. Mukhiya had also given transit permit to carry the Shisham log from raiyati land of the petitioner situated in Wazirganj to Saw Mill. 2. Counsel for the Respondents have appeared and submitted that Counter Affidavit has been filed. In para 6 of the Counter Affidavit, it has been mentioned that the Mukhiya/ Halka Karamchari does not have any jurisdiction to enquire and give permission to cut tree in the Wazirganj road, which is notified as forest by the government. It is further submitted that the Halka Karamchari cannot give enquiry report to Mukhiya without knowledge of the Circle Officer. The Petitioner never produced any record showing that the seized wood was transported from rayati land and had legal valid transit permit issued by either Forest Department or Mukhiya of the concerned village. It is further submitted that the Petitioner did not produce any proof before the Authorized Officer cum Divisional Forest Officer or any other respondents. The said transit permit in form-2 being Permit No.29 of Book No.1 dated 10.02.2005 was never produced in Court. 3. Counsel for the Petitioner submits that he is ready to produce all those documents before the authorities, who may be directed to pass appropriate order after considering all those documents. 4. It goes without saying that Shisham tree was cut by the Petitioner from his own raiyati land and he had sought permission from the Mukhiya for the same. If the Petitioner had cut Shisham tree from his own raiyati land then it cannot be liable to be confiscated only on the ground that same was being carried through the forest area. 5. The Petitioner will file all the documents in support of his claim that he had cut the tree from his own raiyati land after taking permission from the Mukhiya, who gave him permission on the basis of report of Halka Karamchari and also issued transit permit to carry those wood from his raiyati land to Saw Mill. 6. 5. The Petitioner will file all the documents in support of his claim that he had cut the tree from his own raiyati land after taking permission from the Mukhiya, who gave him permission on the basis of report of Halka Karamchari and also issued transit permit to carry those wood from his raiyati land to Saw Mill. 6. The Authorized Officer cum Divisional Forest Officer, Gaya, will consider the case of the Petitioner after giving proper opportunity of hearing to him and looking into all the documents and shall pass fresh order in accordance with law with regard to release of wood within a period of two months from the date of filing of such petition before the Confiscating authority i.e. Authorized Officer cum Divisional Forest Officer, Gaya. 7. In the meantime, Tractor and Trolley of the Petitioner bearing registration No. BR 2B 5673 and BR 2B 5674 respectively will be released by the confiscating authority upon production and verification of relevant documents with regard to ownership. He will also take Affidavit from the Petitioner that he will produce the Tractor and Trolley as and when required by the confiscating authority and will not dispose of the same till the disposal of the case. 8. In the circumstances, order dated 28.02.2016 passed in Confiscation Case No.30 of 2005 by the Authorized Officer cum Divisional Forest Officer, Gaya, as contained in Annexure-5, order dated 20.08.2015 passed by the appellate authority in Forest Appeal No.10 of 2007 as contained in Annexure-9 and the order dated 16.05.2016 passed by the revisional authority in Forest Revision Case No.38 of 2015 as contained in Annexure-11 are hereby quashed. 9. The matter is remitted to the Confiscating authority to pass order afresh in accordance with law as directed above. The Petitioner will file necessary petition before the confiscating authority within a period of one month from the date of this order. 10. This writ application is, accordingly, allowed.