[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 231/2008 SADBHAV ENGINEERING COMPANY LTD. Vs. STATE OF RAJASTHAN Date: 12.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. S.S. Hasan for the petitioner. None present for the State. **** The instant criminal misc. petition is directed against the order dated 23.01.2008 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases cum Additional Sessions Judge, Sawaimadhopur in Criminal Revision No. 10/2008, by which the Revisional Court has dismissed the revision petition filed by the petitioner firm against the order dated 03.01.2008 passed by the Judicial Magistrate, First Class, Bonli in Criminal Misc. Case No. 222-A/07. The case of the petitioner is that earlier also on the complaint submitted on behalf of the Forest Department, plant, machinery and crusher machines belonging to the petitioner installed at the Khatedari land which does not fall in the forest area, were seized and were released on 'Supurdagi' on the condition that the petitioner shall not operate the [2] mining activities in the forest area and also not violate any condition under which the petitioner was given permission to run his crusher machines. The complaint has been made by the Forest Department that the petitioner has breached the condition, therefore, vide order impugned dated 03.01.2008 passed by the Judicial Magistrate, First Class, Bonli, without issuing any notice, cancelled the 'Supurdagi' order which has been passed in violation of the condition and initiated action under Section 446 Cr.P.C. and also passed the order of forfeiture of plant and machinery. The petitioner has annexed the documents which are issued by the concerned department. The Regional Office of Rajasthan State Pollution Control Board issued a certificate on 15.01.2008 and similarly the Tehsildar, Malarna Doongar also issued a certificate on 21.01.2008 certifying that the petitioner is not carrying out any mining activities in the forest area. The order of the trial Court dated 03.01.2008 was challenged by the petitioner by way of filing criminal revision before the Revisonal Court i.e. Special Judge, SC/ST (Prevention of Atrocities) Cases cum Additional Sessions Judge, Sawaimadhopur. All the [3] documents which are annexed here with the misc. petition, have been shown to the Revisional Court but the Revisional Court without considering these documents submitted by the petitioner, upheld the order dated 03.01.2008 passed by the trial Court and dismissed the revision petition. Having heard learned counsel for the petitioner and upon careful perusal of the orders impugned dated 03.01.2008 and 23.01.2008 passed by the trial Court and Revisional Court respectively, it appears that there is dispute between Revenue and Forest Departments and raised disputed question of facts. The Forest Department is alleging that the petitioner is carrying out mining activities in the forest land, whereas as per the Revenue Department, the petitioner is not carrying any mining activity in the forest area. This can only be verified by thorough investigation but so far as the order impugned dated 03.01.2008 which has been passed in violation of the conditions and on the complaint submitted by the Forest Department regarding forfeiture of the property, in the interest of justice, this Court deem it proper to direct the trial Court to consider the documents which are submitted by the petitioner issued [4] by the Rajasthan State Pollution Control Board and the Tehsildar, Malarna Doongar without influencing with the observations made by this Court and shall consider the matter afresh on its merit. Consequently, the orders impugned dated 03.01.2008 and 23.01.2008 passed by the trial Court and Revisional Court respectively, are hereby quashed and set aside and the matter is remanded back to the Court below for fresh adjudication after considering the documents which are submitted here with the misc. petition by the petitioner. The petitioner is given liberty to submit the documents which are submitted here with the misc. petition before the Court concerned. With these observations, the criminal misc. petition stands disposed of. (K.S. RATHORE)J. /KKC/ [5] S.B. CRIMINAL MISC. STAY APPLICATION NO. 135/2008 IN S.B. CRIMINAL MISC. PETITION NO. 231/2008 SADBHAV ENGINEERING COMPANY LTD. Vs. STATE OF RAJASTHAN Date: 12.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. S.S. Hasan for the petitioner. None present for the State. **** As the criminal misc. petition has been disposed of today, the stay application also stands disposed of. (K.S. RATHORE)J. /KKC/