IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13691 of 2009 BHUPAL PRASAD SINGH S/O LATE LAKHI PRASAD SINGH VILL- BHULNI, P.S. SAJOUR, DISTT. BHAGALPUR VERSUS 1. THE STATE OF BIHAR 2. THE DIVISIONAL FOREST OFFICER BANKA FOREST DIVISION, P.S. BANKA, DISTT. BANKA 3. THE RANGE FOREST OFFICER BHAGALPUR FOREST DIVISION, P.S. BANKA, DISTT. BANKA ----------- 04 12.03.2010 The petitioner is the registered holder of hydraulic backhoe loader machine. It is a motor vehicle adapted for helping in excavating earth and is road construction machinery. Petitioner had hired to a contractor, who was to construct/repair/renovate a road part of the State High Way. This machine has been seized by the forest officials, allegedly for a forest offence, that is trying to uproot a tree on the side of the road, without permission of the forest officials. These allegations itself shows, as submitted by the learned counsel for the petitioner, that the tree was required to be uprooted for the purposes of the road construction. Petitioner’s grievance is that such a construction equipment is lying seized for almost six months causing immense loss to the petitioner, who himself was not using the same. Be that as it may, in my view, the petitioner must first move a detailed application seeking release before the Forest Range Officer concerned for release of the said machine, who considering the facts and circumstances, would obliged to pass speaking order therein in accordance with law, keeping in mind that keeping the construction machinery in seizure serves no - 2 - purpose. He would be obliged to pass such an order within one month of the representation being filed, the order must be speaking order in accordance with law. If there is any delay of consideration of the matter, the authority may consider the desirability of the releasing the same on bond as he may think fit and proper. With these observations and directions, the writ petition itself disposed of. Trivedi (Navaniti Prasad Singh, J.)