WP(C) 2356/2009 BEFORE THE HON’BLE MRS.JUSTICE ANIMA HAZARIKA The instant writ petition has been filed assailing the order No. 88 date d 22.5.09 passed by the respondent No. 3 whereby and whereunder the authorized o fficer ordered to confiscate the petitioner’s truck bearing registration No. AS- 01/T-8959 under the relevant provisions of the Assam Forest Regulation, 1891 (am ended up-to-date) (Regulation for short). At the very outset, Mr P. Roy, learned State counsel has submitted that the writ petition is not maintainable, inasmuch as, the petitioner has approached this C ourt without availing the alternative remedy of statutory appeal as provided und er section 49-C of the Regulation. To appreciate the submission so made by the l earned State counsel, I have perused Section 49-C of the Regulation and for read y reference the same is quoted hereinbelow: Any person aggrieved by an order under section 49(4) or section 49-B ma y, within thirty days from the date of communication to him of such order prefe r an appeal to the District Judge having jurisdiction over the area in which the property has been seized and the District Judge shall after giving a reasonabl e opportunity of being heard to the parties, pass such order either varying, co nfirming, modifying, annuling or setting aside the order appealed against and th e order of the Court so passed shall be final In view of the above special provision of law providing appeal against the impug ned order challenged in the writ petition, the petitioner is directed to approac h the appellate authority as provided under section 49-C. On presentation of the appeal by the petitioner, the learned District Judge woul d consider the same applying the provision of Section 14 of the Limitation Act, 1963 since the petitioner has been pursuing the remedy on a wrong forum which is a bonafide mistake as urged by the counsel of the petitioner. This direction has been issued as a special case in the interest of justice. The petitioner is to submit the memo of appeal alongwith a certified copy of thi s order positively within 15 (fifteen) days from today before the learned Distri ct Judge, Kamrup. On receipt of memo of appeal, the District Judge shall proceed with the case in accordance with law. With the above direction, the instant writ petition stands disposed of. No costs.