ZH IHB HIGH e©ORt GF H H2'& PaSDESH AS J&B&LFHR W.P. Se. /1/3(//1996 3 B PEIITIOHERs aES.peBuEmss Ibrabiia Bbai, Aged aboBtt 45 years S/9 Hazi Shakoor. BQSinessniaB. &/e Ma&a Road, Kesbkal Btstriet Bastar (MP) -Versus- * • ' . - • 1. State of Hadhya Pradesb Ihrough ttae ief Secretary, Sovernaent of Madhya Pradesb ValleAila Bhawan, Bbepal. 2. The Seeretary, gorest Bepartneat« Vallabh Bhawan, Bhopal (MP) 3. The eolleetor, Jagdalpur (MP) 4. <Efae Goaservator of Eorest, Kanker eirele, Kaiaker Bistrict Bastar (Mp) 5. The BivisionalBorest Officer (•eerritorial) Porest Bivisioa KaakerBistt. Bastac (MP) tKEP _gBTITIOg_ PNBS ABTICSE 226/227 OP 'I'HE "CGiiSTiTTOlea OE IHBS - .y^-^-s ^ gwasiiis^ w"""^-'s'--^~ HIGH COURT OF CHHATTISGARH AT BIL,45PUR PETITIONER WRIT PETITION N0. 1434 OF 1996 Ibrahim Bhai RESPONDENTS VERSUS State ofMadhya Pradesh & Others XVRTI^ETmON U/S ARTICLE 226/227 OF THE CONSTITLTION OF INDIA SB: Hoii'Me Shri Satish K. Asnihotri, J. Present: Shri Bhaskar Payasi, Advocate for the petitioner. Shri N.N. Roy, Panel Lawyer for the State. ORDER(ORAL) (Passed on 19tt' day of October, 2010) 1. Heard leamed counsel for the parties. 2. Challenge in this petition is to the order dated 6-12-1995 (Amiexure - P/13) whereby the petitioner has been directed to pay a sum ofRs.42,698/- towards the loss caused to the State on the gi-ound that the petitioner was transporting wooden logs from Kawagaon within Amabeda Range, Kanker Forest Division, wliich were set to tu'e by the naxalites at Keslikal, it is evideat fi-om the impugned order itself, as it is clearly stated in the said order that the v?ooden logs transported by the petitioner were bumt by the naxalites. 3. Once the goods have been handed over to the petitioner for transporting from one place to other place, it was the responsibility of the Iraiisporter/petitioner to ensure that the same reaches to the destination properly,, however, iii the instant case, it could not reach to the destiuation on account of some untoward and unexpected incident. There is no dispute with regard to the fact that flie wooden logs were brunt by the naxalites. 5. In view of foregoing, the Conservator of Forest, Kaiiker, is directed to eonsider the impugned order dated 6.12.1995 (Aimexure P/13) passed in the case ofthe petitioner again, having regard to the facts and circumstances ofthe ease and. pass fresh order, in accordance with lavv, as expeditiously as possible. Accordingly, the writ petition is disposed of. No order asto costs. Sd/- Satish K. Agnihotri Judge Gowri SsSSsSSSiScSS