IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16361 of 2008 ISRAR KHAN, son of Late-Yunus Khan, resident of village-Noughara, P.O. and P.S.-Chainpur, District-Kaimur at Bhabhua. ……..Petitioner Versus 1. The State Of Bihar through the Conservator of Forest, Patna Circle, Patna. 2. The Conservator of Forest, Patna Circle, Department of Forest, Government of Bihar, Patna. 3. The Divisional Forest Officer, Bhabhua, District-Kaimur at Bhabhua. 4. Inspector General of Police, Dehri-On-Sone, Sasaram. 5. Officer-in-Charge, Chainpur Police Station, District-Bhabhua. …….Respondents. ----------- 02. 11.02.2010 Petitioner claims to be the owner of certain stocks of kendu leaves. For certain alleged contraventions his godown in which the kendu leaves were stored was locked and a confiscation proceeding was initiated for alleged contraventions punishable under the provisions of the Forest Act. A criminal prosecution was also lodged. In the confiscation proceedings final order was passed by the Competent Authority. The confiscation proceeding came to be dropped by order dated 16.10.2008 vide order No. 150. Petitioner’s grievance is that notwithstanding dropping of the confiscation proceeding by the Competent Authority, the conservator of the forest has sat over the matter and directed that no relief should be made in favour of the petitioner however policed already put their locks after the orders were passed. Petitioner’s grievance is with regard to the action of the conservator of forest and the - 2 - police in frustrating the orders as passed by the Judicial Forest Officer who is the Competent Authority in relation to the confiscation proceeding. As noticed above, the conservator of the forest directed the Divisional Forest Officer to immediately file an appeal. Petitioner is not aware of any such appeal having been filed. A counter affidavit has been filed by the Divisional Forest Officer in which it is not stated whether any appeal has been filed or not, even though directions were issued more than a year and half back. The net result is that there is a statutory order by a quasi judicial authority releasing the kendu leaves in favour of the petitioner subject to payment of compounding fee. Petitioner is ready to pay the fee but by virtue of an executive order of the conservator of forest, he is being denied to remove kendu leaves. The result is that the leaves have reduced to dust. In such view of the matter, I direct the release of the kendu leaves as seized which were subject matter of the said confiscation proceeding by the Chief Judicial Magistrate, Bhabhua after ensuring that lock put by the police de-horse in criminal case are removed. This would be subject to security as may be fixed by the criminal Court and the security would be subject to the result of the criminal proceeding, the confiscation proceeding already - 3 - ended and on payment of compounding fee as per the confiscation order. With this observation the writ petition is allowed. Shageer (Navaniti Prasad Singh, J)