Ram Prasad Sah vs State of Jharkhand and Others

Amareshwar Sahay, J.—Heard the learned counsels for the parties.

The truck of the petitioner bearing Registration No. BRM 9495 was apprehended from the side plot No. 248 of Dhobidihi Protected Forest while transporting coal illegally. The Divisional Forest Officer, Giridih, Forest Division, Giridih. By his order dated 29.4.1994 as contained in Annexure 4 to the writ application specifically held that the truck was carrying coal and forest produce defined u/s 2(4)(a) and 2(4)(b)(iv) of the Indian Forest Act, 1927. As the truck was found carrying coal from Dhobidih notified and demarcated forest area, therefore, the order for confiscation u/s 53(3) of Indian Forest (Bihar Amendment) Act, 1989 was passed.

The petitioner, thereafter, filed an appeal before the Appellate Authority-cum-District Magistrate, Giridih who by his order dated 30.7.1996 dismissed the appeal on merit after considering the respective cases of the parties.

Against the order of the Appellate Authority, the petitioner filed a revision application before the Revisional Authority-cum-Secretary, Ministry of Forest and Environment, Govt. of Jharkhand, who by his order dated 14.8.2001 in exercise of power of revision passed an order after discussing in detail the facts and points involved in this case and after perusal of the order of the D.F.O. dismissed the revision application. Since all the three Courts have given specific findings on the question of the fact that the coal in question which was forest produce was being transported illegally from in side plot No. 248 of Dhobidihi protected forest, I am not inclined to interfere with the specific findings given by the three authorities on the point of facts in exercise of writ jurisdiction. Accordingly this writ application is dismissed.