IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.677 of 2010 SANTOSH KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr.Shankar Kumar, Advocate For the State : AC to SC 23 2 18.8.2010 KHAN The petitioner has filed the instant writ application for release of his Tata Magic Vehicle bearing registration no.BR 21C-9296 which has been confiscated under section 52(3) of the Forest Act in Confiscation Case No.1 of 2010. The petitioner states that he is the owner of the vehicle in question and the vehicle was seized on account of mistake of fact. An appeal is provided against the order of confiscation under section 52A of the Indian Forest Act, 1927. The petitioner ought to have preferred an appeal instead of moving this court in writ jurisdiction. Liberty is granted to the petitioner to agitate his grievance in an appeal. In case an appeal is filed under the Act, the learned Appellate Court would consider the aspect of condoning the delay since the petitioner is agitating his grievance before this court. With the aforesaid liberty, this application stands disposed of. (S.P.Singh,J)