IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1030 of 2009 CHANDRIKA PRASAD CHAUHAN Versus STATE OF BIHAR & ORS ----------- 8 20.9.2010 The petitioner has prayed for release of his Tractor and trailor alongwith four belchas and one spade in respect of which confiscation order has been passed by the Authorised Officer-cum- Forest Officer, nawada. Learned counsel submits that the number of the Sonalika Tractor is B1-730111 SC of the year 2005. The petitioner submits that the driver and khalasi were transporting stone chips. without his knowledge. As soon as the petitioner came to learn about the illegal acts of his staffs he deposited the royalty and penalty in the concerned office against the said illegal act of his staffs. A Counter affidavit has been filed on behalf of the State. Dr. Md.Raisul Haque,G.P.5, Submits that the petitioner should have approached the appellate authority, i.e., the District Magistrate in terms of section 52A of the Act instead of filing the present writ application. As the vehicle in question is a commercial 2 vehicle, liberty is granted to the petitioner to file an appeal before the appellate authority. In case such an appeal is filed before the appellate authority, he would sympathetically consider condoning delay, as petitioner was pursuing his remedy before this Court since December, 2009 itself. The appellate authority would dispose of the appeal within four months from the date of receipt/production of a copy of this order. Let the order be communicated to the District Magistrate, Nawada as well as the C.J.M., Nawada, through fax at the cost of the petitioner. Anilkr.Sinha (Samarendra Pratap Singh,J.)