IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15232 of 2009 1. BALDEV SINGH S/O LATE GYAN SINGH R/O M/S GYAN SINGH SAW MILL, KANKARBAGH, PATNA, P.S.- KANKARBAGH, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY ENVIRONMENT & FOREST DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE LICENSING OFFICER-CUM-DIVISIONAL FOREST OFFICER PATNA FOREST DIVISION, PATNA 3. THE FOREST RANGE OFFICER PATNA FOREST RANGE, PATNA ----------- For the Petitioner :- Mr. Mrigank Mauli, Adv. Mr. Vinay Mistry, Adv. For the State:- Mr. Piyush Lal, Adv. ------------ 3. 15.04.2011 Heard learned counsel for the petitioner and the State. It is submitted that Confiscation Case No. 1 of 2003 was decided against the petitioner. He filed Forest Appeal Case No. 8 of 2008 before the District Magistrate, Patna. On 27.1.2009, by a reasoned order the District Magistrate remanded the matter to the Divisional Forest Officer to rehear and decide Confiscation Case No. 1 of 2003, since then matters have remained pending. A counter affidavit is stated to have been filed by the Divisional Forest Officer which is not available on record. Counsel for the petitioner from his copy of the same more particularly Paragraph-8 thereof submitted that the Divisional Forest Officer was virtually seeking to question the jurisdiction of the District Magistrate to 2 remand matter to him. Counsel for the State submits that since the Divisional Forest Officer has now changed, direction may be given to expeditiously dispose off the Confiscation Case No. 1 of 2003. This Court directs Confiscation Case No. 1 of 2003 to be disposed off after opportunity to the petitioner within a maximum period of three months from the date of receipt/production of a copy of this order before the Divisional Forest Officer, Patna. This Court further directs the Principal Secretary, Department of Forest and Environment to examine the conduct of the then Divisional Forest Officer who in the counter affidavit virtually questions the jurisdiction of the District Magistrate to remand matters to him and take appropriate decision and administrative action in accordance with law against the delinquent concerned. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)