KRASHAN PAL ALIAS KRISHAN PAL v. STATE OF U.P. AND 3 OTHERS
WRIC/353/2025 · 2025-02-10
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4216 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4216 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18878 Court No. - 33 Case :- WRIT - C No. - 353 of 2025 Petitioner :- Krashan Pal Alias Krishan Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhawani Prasad Shukla Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The present writ petition is filed with the following prayer:
"I. A writ, order or direction in the nature of certiorari quash the impugned
order dated 20.11.2024 passed by respondent no.5 in case no.2 of 2024-2025, Bijnor, Under Section 41, 42 of the Indian Forest Act, 1927 & under section 2, 9, 39, 51 & 52 of Wild Life (Protection) Act, 1972 readwith section 7/55 of Biological Diversity Act, P.S. Kotwali Sahar, District Bijnor and order dated 20.12.2024 in Letter No.1617/353, Moradabad passed by the respondent no.2 in Appeal (Annexure No.4 & 6 to this writ petition). II. A writ, order or direction in the nature of mandamus directing and commanding direct to the respondent no.4 i.e. Conservator of forest District- Bijnor to release the Vehicle of petitioner / owner numbered U.P.12CT5006 which has been seized under the confiscation under proceeding of Indian Forest Act, 1927."
3. Learned counsel for petitioner submits that against order of seizure, appeal would lie to the State Government, as has been stated in the order dated 20.12.2024 by the Director.
4. At this stage, learned counsel for petitioner submits that he may be granted liberty to file an appeal before proper forum.
5. Accordingly, the writ petition is disposed of with liberty to petitioner to file an appeal within 30 days from today. In the event any such appeal is filed within the aforesaid period, the same shall be considered and decided on merit without going into the question of limitation within a period of one month.
Order Date :- 10.2.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad