ct \0' IN THF HIGH COLIRT OF CHHATTI-SGA-RH AT BILA.SPUR WRITPET1T10N.NO- /94& / 2004 Ajay Pratap Singh S/o Shri Baldeo Singh Aged about 25 years, Resident of, New Market, Main Road, Dalli Rajhara, Durg,Dist: Durg-(C.G.) PETITIONER Versus 1. State of Chhattisgrh Through the Secretary Department of Forest D.K.S. Bhawan, Raipur-(C.G-) 2. The Collector, Through the Mining Department Kanker ^t^ y'^'-'T^y''' ^>" •y'*' ^'•\ ^.'-••"^A^"'' ^,,^^-" ••^^'^•••''' ^^ -"" c'-'' sw% 4. The Divisional Forest Officer, East Bhanupratapur Forest, District North Bastar, Kanker(C.G.) The Deputy Ranger Bhanupratapur Dist; Kanker RESPONDENTS 2^. ''—...'•'y~ '^\ WRIT PETITION UNDER ARTICLE 226 & 227 OF THE '^\ ^r^i'K' .'<-" «'ik;;• CONST1TUT1QN OF INDIA ^T'- ^ -/' -^^y ••-•••""' 1. PARTICULARS OF THE PETITIQNER aS^ <)' \ As per cause title. ^svv' ^/^ <w •'•:/' 1 y"2. V '--.^ PARTJCULAR-S OF THE RESPONDENTS As per cause title. ^ p XI-HC-22 •T«?,'?qRIRTO'^^PTS,lcl<'!l*t'i< ani^r xra^ *IIHCTT9^irai ^ 200 ^s^ss' 3)fe[W ft-fi* Sf^W sn^ 1flf?d 30.07.2004 In view of the order passeji in W.P. No.1944/2004 thi]s petition stands disposed of. +1<|(<'|41-< fWvS ^feA <I<I|«;K ^? sipgii ail^l Sd/- L.C. Bhadoo Judge [•^•^Rrt XI-HC-22 311^1 qil fi'SII^I *4i*:aft^ ^si -^WM^, fi^\wi<s, hwwy. giT^T "CR^? ,.v~'...P..lcl*A.'-l.l.??.'l^ WReil (h11<») 200 'f^S^tT' 3]]^I •^OTWaftd 30.07.2004 Shri R.S. Jaiswal, coi^nsel for ttie petitioners. Shri Sumesh Bajaj, Ipeput',- Govemment Advocate for the State/ respondents. S.D.0. (Forest) is pres This order shall also gi 2105/2004, as the question siniilai'- 4i|'il'l4'l-< tV^ ^i^S ifa^K ^73rf^W3II^I ;nt ui CoriTt- (^vem the disposal of Writ Petition Nos. 1945/2004, 1946/20q4, 1947/2004, 2104/2004 & involved in these pentions is .also The petiuoners have Article 226/227 of the Con^ by the order-dated 21.05.^004 (Annexure P-11) passed bv 'espondent No-3-Divisiona} applications of the petitio^iers for release of vehicles on Suprudnama. I have heard fhe leam 22.04.2004 the petitioners' CG-07-ZC-2056, CG-11-ZB| 2069, CG07-ZC-2050 8s C| miiieral extracted from the! ground of Ulegal mining. preferred tiiese petitions ujider •titution of India being aggrieved Forest Officer rejectiiig Th< d counsel for the parties. Leamed coiinsel for t^ie petitioners submitted that on jtrucks bearing registration Nos. [-0141, CG07-C-2070, CG07-C- p07-ZC-4335 canying iron ore valid mining lease of one Ar;;} Goveniment In fhe year 2002, Lunia granted by the Slat^ were seized fllegally by resjsondent Nos. 2 &3 on a false He further submitted that the ^ XI-HC-22 3ni?i'^ K;-lich 3t1^I 5hHi<^ y[?fl TSI ^TORTT, 'gTito^TS, T««ti'My 3TT^?T xra^? HTWIl **<)<*) •^ 200 •f^^a' sn^i'?{<iiwHf?g 'u trucks in question were seided on the route falling iirider'the forest area, but the petition4rs have already paid the road tax for the said route. On the other hai'tdl Advocate argued that the question were carrying, was froni the valld mining lea^ deoartment aad on comms ^Tqi^4'ii -^wv^ ^ ^d\ <[^^r< ^srfigiisn^i .learned Deput\'- Govcrnment iron ore, which the trucks in ;xtracted frora the forest area nol ^e of Anil Lunia. As far as the payment of road tax is co^icemed, same was paid by the petitioner tn coUusion wilj'h soine of&cials of the foresi to know thai sonie officials of fhe department had received tl^e road tax tn collusion with the petitioner, departmental ac^tion has been initiated against thein and road tax paid by [the petitioner was ordered to be refunded. He furtlier submltted tiiat the route on wl-uch the trucks in question were se|ized is not a notiHed route and particulai-ly for trucks in qu by the petitioner. Therefore submitted that confiscation In fhe order passed ;stion no road tax have been paid he submitted thatstnce offence pertains to forest produce ajid as per the Hon'ble Apex Coirrt a stri.et view must be ta^en ui this regard. He furfher proceeding is in progress and ui ahofher three inonfhs iime that willbe coiQpleted. I have perused fhe un^ugned order dated 21.05.2004. py the Divisional Forest Officer (Annextu-e P-11) it faas baen mentioned that as per the >- XI-HC-22 3Ti^i'qn fc-ii'* sn^i 'gTqRT'Hfel 's-Sf"1 -s^ 'fww-t, d^'y'i^, r««'ii'Mi< 3:H^?T Tf^K wwn shKicb •^ 200 ^R^SI' 3ICTI yRIIWdfel u ^t<4id4'l^ 'tTO^Tf ^ Ts%t <^l+$R ^; dir-^4 311^1 provisions of the Indian yorest Act, 1927 and gnideluies issued by the Governnient, |there is no provision for releasing the vehicle and property 4n Supurdginama, therefore, ihe application filed by the peti^ioner is dismissed. Section 53 of the Ac< the execution bv fhe owner of the property so releasedj , which deals with the release of propertv' seized under Secljion 52 of the Act envisages that "any forest officer of a ran^. nol inferior to that of a Raiiger whc>, or whcse subordinalje, has seized aay tools, boats, vehicle or cattle under Sec^ion 52, luay release the sajrie on piereof a bond for the produciion if and when so reqi-iired, before the Magistrate having jurisdiction to try the offence on account of which the seizurfe has been made". Leamed coiuisel for place of the word 'carts' fh^ f.he petitioners submits that in word 'vehicle' has been uiserted by fhe Act No-9 of 65, fhere|fore, the order of forest ofilcer on the face of it appears to be iljlegal and the petitioner is entitled for release of the vehicles oifi the conditions nientioned in the above clause. As leamed Deputy <.5ov|emmenT Advocate subiaitted that the conliscation proeeedin^ tim.e, therefore for such is ILkelv to take three montlis long period if the vehicles ui question are aUowed to reijtiaiii in open area, it will cause damages to the vehicles aiid it niay becoine junk. In such a .- ys /''(^A i XI-HC-22 -S-Sf ^irqRTq, -grfrffHS, 1°«11«1<. STT^T •q^R <IW?II (frKlcti •^ 200 f^^a sn^c^ feNsn^i 'aTqWBft^I .^.-.shaji situation, I am of the opinio^ release the vehicles tn for each vehicle on foUowins • The petirioner the tune of Rs.2 Officer, East Bastar, Kanker (( fi-cra todav. • The petitioner wU^ vehicles to the the pendency of • The petitioner question before and when requirejd With the aforesaid petition stands disposed of. Certified copy as per quesjtion sMall Bha^iupratapur f$ ttlird tbe =h!^<rft7T HRd^' ^ fe^ <^^.R ^? sil^pT an^; that it wUl be just and proper to on furnishuig Supnidnaiiia tenns and conditions:- fiirmsh a banK giiarantee to Lac before the Divisional Forest Forest, District North ;.G) withtn a period oftivo weeks not transfer or alienate the said pai~n~ in any raaaner during conflscation proceedings. ^'Ul produce the vehicles in (he Divisional Forest Officer as otiservation and du'ections. the Ribles. Sd/- LC.Bhadoo Judge lv-=—-