1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2200 OF 1998 Abdul Wahekhan S/o Kutubkhan .. PETITIONER VERSUS The State of Maharashtra & others ... RESPONDENTS WITH WRIT PETITION NO.2201 OF 1998 Abdul Raheman S/o Mastan khan .. PETITIONER VERSUS The State of Maharashtra & others ... RESPONDENTS Mrs. M.A. Kulkarni, Advocate for petitioners. Mr. V.D.Rakh, Assistant Govt. Pleader for State. ......................... CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE : 12/07/2010 ORAL ORDER : 1. Both the petitions challenge the order passed by the Forest Range Officer, Jalna, thereby confiscating the trucks owned by the petitioners. 2. It is the case of the petitioners that under the provisions of the Maharashtra Felling of Trees ( Regulation ) Act, 1964, there is 2 no power given to the Forest Range Officer to confiscate the truck. In spite of the Rule being issued in 1998, no reply is filed on behalf of the respondents. 3. In that view of the matter, the contention of the petitioner has gone unchallenged. Even as of now, the learned Govt. Pleader has not been in a position to show any provision which enables the authority to do so. 4. In that view of the matter, we are left with no other alternative but to allow the petition. One more fact is to be noted that the petitioners have almost been granted relief at the stage of grant of Rule. 5. The petition is, therefore, allowed in terms of prayer clause ‘ C ’. Rule is made absolute with no order as to costs. [ S.V. GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 2200,2201.1998