IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.205 of 2009 Prem Prakash Narayan, son of late Dr. Yogendra Prasad, D.D. Tulsi Road, (near Mungraura Masjid), P.S. East Colony, P.O. Jamalpur, District-Munger ……………… Petitioner Versus 1. The State of Bihar 2. The Secretary, Department of Forest, Government of Bihar, Patna 3. District Magistrate, Munger 4. District Forest Officer, Munger ……………. Respondents. ----------- For the petitioner: M/s Ajay Kumar Thakur, Imteyaz Ahmad and Pawan Kumar-1, Advocates For the State : Mr. Ashutosh Singh, AC to GP VIII ----------- 4. 26.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case of the petitioner is that the Divisional Forest Officer, Munger Forest Division is not releasing the bolder and ballast which was seized from the Railway Yard and was belonging to the petitioner although confiscation of the same in Confiscation Case Nos. 15/2002 and 16/2002 were set aside in Confiscation Appeal No. 4/2002-03 by order dated 26.7.2004 of the District Magistrate-cum- Collector, Munger. The revision filed against the same being Revision Case No. Forest Case (C) 04/2005 was also dismissed by order dated 8.11.2007 passed by the Revisional authority, namely, the Principal Secretary, Environment and Forest Department. In the counter affidavit the stand taken is that the appellate authority and the revisional authority have not correctly decided the matter and on examination of the records it was found that full facts were not brought on the record of the appellate authority nor the revisional authority and therefore, by letter dated 30.1.2009 of the - 2 - Principal Chief Conservator of Forest, Bihar the State Government has been requested to obtain legal advice of the learned Advocate General, Bihar on the point of filing review application before the revisional authority or a writ application before this Court. The revisional order has been passed on 8.11.2007 and the said letter on which it is now being relied, has apparently been written after filing of the present writ application. In the aforesaid circumstances, respondent no. 4, the Divisional Forest Officer, Munger is directed to release the bolder and ballast which is the subject-matter of confiscation Case Nos. 15/2002 and 16/2002 to the petitioner within a period of one month from the date of receipt/production of a copy of this order. The writ application is accordingly allowed with the aforesaid direction. S.Pandey (Ramesh Kumar Datta, J.)