IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.567 OF 2010 KRISHNA VIJAY SINGH, SURHANA, POLICE STATION TANDAWA, AURANGABAD. VERSUS 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, AURANGABAD 3. DISTRICT Forest OFFICER CUM AUTHORIZED OFFICER, AURANGABAD & 4. IN-CHARGE FOREST OFFICER, NABINAGAR, AURANGABAD. ----------- 2 13.07.2010. Heard learned counsel for the parties. The petitioner has come to this Court for a direction to the respondents to release his tractor and trailor baring Registration No. BR 26A 2575, seized and confined by the Forest officials, in Forest Case no. 33F of 2009 dated 26.6.2009, for alleged offence under sections 52, 33 (C ), 41 and 42 of the Forest Act. It appears that petitioner’s Mahindra tractor and trailor was seized at 8 am on 26.6.2009 carrying 50 cft Moram from Gamariya protected forest area. Case of the petitioner is that he, owner of the aforesaid vehicle, having valid licence and transportation permit/pass, handed over his vehicle to one Pawan Kumar for carrying morum from his lease hold area, allowed by the Department of Mines & Minerals, Government of Bihar. The petitioner further submits that at the time of seizure, his tractor and trailor was carrying moram from lease hold area of the leasee Pawan Kumar. Driver of the tractor produced all the relevant documents but the forest authorities did not consider his documents. The petitioner submits that the tractor & trailor in - 2 - question is his solitary source of income which was refused to be released by the District Forest Officer, Aurangabad vide order dated 14.10.2009, passed in Confiscation case no. 14 of 2009. The petitioner is willing to pay the damage amount alleged by the Forest department. He submits that in similar matter, a bench of this Court disposing of Cr.W.J.No. 777 of 2009 vide order dated 9.11.2009 directed the respondents to release the tractor and trailor to its owner on furnishing adequate bond, subject to order passed in confiscation case. The writ petition is disposed of with direction to the District Magistrate, Aurangabad to dispose of Forest Appeal No. 52 of 2009 within two months from the date of receipt/production of a copy of this order, keeping in view order of this Court passed in Cr.W.J.C.No. 777 of 2009. Shashi. (Samarendra Pratap Singh,J.)