1 IN THE HIGH COURT OF JUDICATURE AT BOBBY IN THE HIGH COURT OF JUDICATURE AT BOBBY IN THE HIGH COURT OF JUDICATURE AT BOBBY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2261 OF 2004 CRIMINAL WRIT PETITION NO. 2261 OF 2004 CRIMINAL WRIT PETITION NO. 2261 OF 2004 Shri Yunus Yusuf Shaikh ..Petitioner. V/s. The Forest Officer & Anr. ..Respondents ----- Shri H.V. Kode for the Applicant/petitioner. Shri K.V. Saste, APP for Respondent State. ----- CORAM : A.M.KHANWILKAR, J. CORAM : A.M.KHANWILKAR, J. CORAM : A.M.KHANWILKAR, J. DATED : JANUARY 10, 2005 DATED : JANUARY 10, 2005 DATED : JANUARY 10, 2005 PC :- PC :- PC :- . It is not in dispute that the property in question being Auto Rickshaw, has already been confiscated under the special provisions of Forest Act. That order has not been challenged so far. If it is so, the question of return of the said property to the petitioner even though he was the owner of the said Auto Rickshaw, does not arise. Counsel for the petitioner prays for liberty to take out appropriate application after the petitioner succeeds in getting the confiscation order set aside. Petition is disposed of with liberty to the petitioner as prayed for. . It is made clear that this order is not an 2 expression of opinion either way in respect of the challenge to the confiscation order, if made. .....