IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5180 of 2006 SUSHIL KUMAR SINGH, SON OF SRI SURAJ BALI SINGH, RESIDENT OF VILLAGE+P.O.- SIKARIA, P.S.- DARIGAON, DISTRICT- ROHTAS :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF FOREST AND ENVIRONMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, ROHTAS, SASARAM. 4. THE DIVISIONAL FOREST OFFICER, SAHABAD, ROHTAS. 5. FORESTER, AMRI PROTECTED FOREST AREA, ROHTAS, SASARAM :---RESPONDENTS. ----------- 3. 17.03.2011. Heard learned counsel for the petitioner and the State. 2. Tractor of the petitioner was seized while carrying stone chips which is said to have been extracted from the protected forest area. Disputing such claim petitioner objected to the confiscation of the vehicle-in-question. His plea was negatived by the Divisional Forest Officer under orders dated 12.8.2002, Annexure-5 against which he filed appeal before the Collector, Sasaram who also rejected the same under orders dated 09.07.2004, Annexure-6. Petitioner assailed the aforesaid two orders by filing revision before the Forest Commissioner asserting before him that the seizure of the tractor made by the Forester was contrary to the provisions contained in Section 52 D of the Indian Forest Act, 1927 as thereunder officer not below the rank of Range Officer is - 2 - authorized to seize the vehicle. 3. Having heard counsel for the petitioner and the State, I direct the Forest Commissioner to consider Revision Case No. 1MC26/2004 in the light of the submissions noted above that the Forester was not competent to seize the vehicle as also the other submissions raised by the petitioner in the revision application, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Forest Commissioner. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)