IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8587 of 2002 DINANATH GUPTA, son of Late Laxmi Prasad Gupta, resident of Mohalla- Jaynagar, P.S. Jaynagar, District- Madhubani. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Divisional Forest Officer, Forest Extension Division, Darbhanga. 3. The Chief Conservator of Forest, Bihar. 4. The Conservator of Forest, Muzaffarpur. 5. The Commissioner / Secretary, Department of Forest and Environment, Government of Bihar, Patna. . . . . . . Respondents. ----------- 3/ 18.12.2009 The petitioner has prayed for quashing the order in confiscation proceeding being Case no. C-1 of 1997 initiated by Divisional Forest Officer, Mithila Extension Forest Division, Darbhanga by which on the basis of the report submitted by the Range Officer of Forest, Darbhanga, the truck of the petitioner bearing no. DL 1 G (A) 3040 has been seized and confiscation proceeding has been initiated. The petitioner has also prayed to release the truck on furnishing adequate surety. From the perusal of the writ application, it would appear that petitioner has challenged confiscation proceeding and seizure, on the ground that Bihar Transit Rule 1973 would not be applicable in respect of truck in question, which was carrying foreign Khair wood and was going to Nepal out of State of Bihar. Learned counsel submits that provisions of the Indian Forest Act would not be application in such cases. Learned counsel for State submits that now final order has been passed in the Confiscation case on 26.12.2003 (Annexure C). He submits that he is not aware that any appeal or revision has been - 2 - preferred by the petitioner against the final order passed in Confiscation case by the Divisional Forest Officer, Mithila, Forest Division, Darbhanga. Having heard the counsel for the parties, I am not inclined to entertain the writ petitioner, as the petitioner has alternative remedy by way of filing appeal. This writ application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)