WP(C) 2794/2009 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. I Rafique, learned counsel appearing for the petitioner. Also heard Ms HM Phukan, learned State counsel. The instant writ petition under Article 226 of the Constitution of India has bee n filed by the petitioner praying for a direction to respondent authority to han dover the custody of the vehicle to the petitioner which was seized in connectio n with Forest Case (Offence) No.KD/3/offence/77-78. Considering the grievance raised in the writ petition and the written instructio n received by Ms. Phukan from the respondent authority pursuant to the direction of this Court and also as agreed to by the learned counsel appearing for the pa rties, this writ petition is disposed of at the motion stage itself. The petitioner’s case, in brief, is that the petitioner is the registered owner of the Bus bearing registration No.AS-18A/3331 and has been maintaining his fami ly by the income incurred from the said bus. On 19.2.09, at about 12-30 pm the F orest Officer of Kukurmara Timber Depot has seized the bus and arrested the Driv er, Handyman, Conductor of the bus alleging that they were carrying Fashion Furn iture (Frame) (bed, sofa set, dining table etc.) and registered a case vide Fore st Case (Offence) No.KD/3/offence/77-78. The aforesaid articles were carried by some passengers of the bus in their own vested interest and without the knowledg e of the petitioner. They also confessed their guilt. Thereafter, a confiscation proceeding has been initiated by the respondent authorities and the petitioner was summoned to appear before respondent No.2 on 10.6.09 in connection with the proceeding. The petitioner accordingly appeared before the respondent No.2, who had recorded the statement of the petitioner. Since the petitioner was noway con nected with the alleged offence committed by the passengers of the bus, he submi tted a representation on 10.6.09 before respondent No.2 with a prayer to release the vehicle (bus) but, till date, no action has been taken to release the vehic le which has caused immense financial harassment to the petitioner as the said v ehicle is his only source of income. Hence, the instant writ petition with the a foresaid prayer. Learned counsel for the petitioner submits that representation dated 10.6.09 sub mitted before the respondent No.2 has not been disposed of till date and therefo re, a direction need to be passed for disposing of the same and releasing the pe titioner’s bus at an early date. On the other hand, Ms Phukan, learned State counsel on the written instruction r eceived from the authority submits that the representation so submitted by the p etitioner on 10.6.09 has been disposed of vide order dated 17.6.09 which was com municated to the petitioner vide office letter No.GFM/KD-23/2008-09/1790 dated 1 7.6.09 informing therein that as the case relating to the seizure of Bus No.AS-1 8-A/3331 is under trial in the court of the Authorized Officer, the decision reg arding confiscation or release of the vehicle shall be finalized in due time as per procedure laid down under the law. In view of the written instruction so received by Ms Phukan, learned counsel for the petitioner submits that the petitioner would file an application under Sect ion 57 of the Assam Forest Regulation, 1891 (as amended upto date) before respon dent No.2, the Divisional Forest Officer, Kamrup West Division cum Confiscation Officer in the Confiscation proceeding. In the aforesaid factual background and in view of the limited prayer made by th e petitioner, the instant writ petition is disposed of with a direction to the p etitioner to submit application under the appropriate provisions of law before t he Authorized Officer cum DFO and it is provided that if such application is fil ed on behalf of the petitioner, the Authorized Officer shall dispose of the same in accordance with law as expeditiously as possible. With the above direction, the instant writ petition is disposed of. No cost.