R.N.SAHAY, J.

1. By this application under Article 226 of the Constitution of India, the petitioner seeks an appropriate writ to quash the order, dated 30-12-1992 contained in Annexure-5 by which the Divisional Forest Officer, Gumla, Respondent No. 2 has confirmed his earlier order regarding confiscation of truck and the timber belonging to the petitioner. The petitioner had earlier moved Cr. W. J. C. No. 307 of 1892 (R) which application was disposed of with direction to the petitioner to move the Divisional Forest Officer, (Appellate Authority) in this matter. By the impugned order the Divisional Forest Officer has held that since the petitioner was transporting timber without transit permit the timber was liable to be confiscated under Sections 41 and 42 of the Indian Forest Act, 1927 as amended by Bihar Amendment 1989. The petitioner had purchased timber from Adivasi Saw Mills, Bano, Gumla on 29-3-1991 and he was granted challan as well as the bill for the said purchase (Annexure 1 and 1/A), the Adivasi Saw Mills had valid licence to sell timber under rules framed under Sections 41, 42 and 76 of the Indian Forest Act. The truck and the timber of the petitioner was seize