KRASHAN PAL ALIAS KRISHAN PAL v. STATE OF U.P. AND 3 OTHERS
WRIC/20953/2025 · 2025-07-07
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70991 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70991 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:106830 Court No. - 33 Case :- WRIT - C No. - 20953 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 Prakash Padia,J.
1. The petitioner has preferred present writ petition inter-alia with the prayer to direct the respondent no.1 to consider and decide the appeal No.Nil of 2025 filed under Section 52 (B) of the Indian Forest Act, 1927 expeditiously.
2. The facts in brief as contained in the writ petition are that against the order dated 20.11.2024 passed against the petitioner, he preferred a petition being Writ C No.353 of 2025 before this Court. The said writ petition was finally disposed of by Coordinate Bench of this Court vide judgement and order dated 10.02.2025. The order reads as follows :-
"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."
3. It is argued that pursuant to the aforesaid judgement petitioner preferred an appeal before the respondent no.1 on 15.02.2025 and sent the same through registered post on 17.02.2025, copy of which is appended as annexure-4 to the writ petition. It is further argued that since no decision was taken hence present writ petition. 4. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents-State. 5. From perusal of the record it transpires that pursuant to the order dated 10.02.2025 passed by this Court in the earlier writ petition filed by the petitioner statutory appeal as provided under Section 52 (B) of the Indian Forest Act, 1927 was preferred by the petitioner before the respondent no.1. It further transpires from perusal of the record that aforesaid appeal was filed by the registered post. Till date the regular appeal number is not allotted to the aforesaid appeal. 6.
In this view of the matter, present writ petition is disposed of finally directing the petitioner to submit a reminder before the respondent no.1-Principal Secretary (Forest), Govt. of U.P. at Lucknow along-with memo of appeal, copy of which is appended as annexure-4 to the writ petition and also annexing copy of the earlier judgement and order dated 10.02.2025 within a period of two weeks from today. If it is so, the respondent no.1 is directed to decide the aforesaid appeal as per directions and observations made in paragraph-5 of the judgement and order dated 10.02.2025 strictly in accordance with law.
Order Date :- 8.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad