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2021 DIGILAW 515 (JHR)

Chhotu Saw @ Chhotu Kumar Saw v. State of Jharkhand

2021-07-13

RAJESH SHANKAR

body2021
ORDER : The present case is taken up today through video conferencing. 2. The present writ petition has been filed for issuance of direction upon the respondents particularly the respondent no. 3- the Divisional Forest Officer, Giridih West Forest Division, Giridih, to immediately and forthwith release the commercial vehicle of the petitioner i.e. ‘Haiwa’ bearing registration no. JH 11Q 7035 in view of order dated 16.10.2020 (Annexure-3 to the writ petition) passed by the District Magistrate-cum-Deputy Commissioner, Giridih (the respondent no. 2) in Confiscation Appeal Case No. 09 of 2020 whereby confiscation order of the said vehicle dated 07.03.2020 passed by the respondent no. 3 has been set aside directing to release the said vehicle from confiscation. 3. A counter affidavit has been filed on behalf of the respondent no. 3 stating inter alia at paragraph-19 of the same that Confiscation Revision Case No. 1720 of 2020 has been preferred before the Principal Secretary, Department of Forest, Environment & Climate Change, Government of Jharkhand, Ranchi against the order dated 16.10.2020 passed by the respondent no. 2 in Confiscation Appeal Case No. 09 of 2020 which is pending adjudication. 4. Having heard learned counsel for the parties and keeping in view that Confiscation Revision Case No. 1720 of 2020 is pending before the revisional authority i.e. the Principal Secretary, Department of Forest, Environment & Climate Change, Government of Jharkhand, Ranchi I am not inclined to entertain the present writ petition at this stage. The same is accordingly dismissed as not maintainable. However, keeping in view the submission of the learned counsel for the petitioner that the vehicle in question is lying confiscated for more than two years, the revisional authority is directed to expedite the hearing of Confiscation Revision Case No. 1720 of 2020 and to dispose of the same as expeditiously as possible preferably within a period of two months from the date of receipt/production of a copy of this order. The parties to the said revision proceeding are directed to cooperate the revisional authority for timely disposal of the said case.