IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12324 of 2006 MITTAL KUMAR SHARMA Versus THE STATE OF BIHAR & ORS ----------- 6 28.01.2009 Heard counsel for the petitioner as also counsel for the State. Reference may be made to the order of this Court dated 13.1.2009. Mr. Shishir Shinha, Principle Secretary of the Forest and Environment Department, Government of Bihar, is personally present and he has explained to this Court that the goods in question for which the prayer was made for its being released has already been released inasmuch as an order to this effect has already been passed by the Divisional Forest Officer on 23.1.2009. Counsel for the petitioner, however, is not in a position to verify this fact. Counsel for the petitioner however, submits that even if it be accepted that ultimately on the interference by this Court, the goods in question have been released, it’s a case whereof exemplary cost should be awarded for the delay in such release of a goods. This Court would straight way reject such prayer of the petitioner for a simple reason that the goods in question were seized some time in the year 1997 and a - 2 - grievance in this regard was made before this Court only on 11.10.2006. If that be the expedition or concern shown by the petitioner himself, at least it would not be a fit case for grant of compensation. As a matter of fact, the main issue is yet to be adjudicated because in the opinion of this Court such an order for release of the goods has been passed virtually by default. It is so because the revision was filed against the order passed by the Collector, Aurangabad before the Principle Secretary. The file of that revision application of the year 1999 has gone missing and it is on account of non-pressing of that file when the matter was taken up before this Court the order was passed by the Principal Secretary for release of the goods in question. There is thus no decision on the merits of the case. Mr. Shishir Sinha, Principal Secretary, however, has assured this Court that the strict disciplinary actions/criminal actions would be taken against the persons who would be found to be responsible for missing the records of the revision application displaced from the office of the Principal Secretary and such action will be definitely completed within a period of six months from today. Once such action is taken by the Principal Secretary, he shall also file a report which would be placed for the perusal of this Court. - 3 - That being so, this writ application as with regard to the prayer made therein has become infructuous and accordingly, is disposed of with the aforementioned observations and directions. Bibhash (Mihir Kumar Jha, J.)