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1998 Supreme(Pat) 108

S.K.CHATTOPADHYAYA
Dilip Kumar Sharma Alias Dilip Sharma – Appellant
Versus
Divisional Forest Officer – Respondent


Judgment

S.K.Chattopadhyaya, J.

1. Heard Mr. V. Shivnath, learned Counsel for the petitioner and Mr. P.D. Agrawal, learned G.A. on behalf of the respondents/State.

2. Pursuant to orders dated 7.1.1998 and 28.1.1998 respondent No. 2, Mr. Sanjay Kumar, Divisional Forest Officer, North Division, Garhwa, is present in Court. Records of Confiscation Case No. 4/97-98 have also been produced before me for my perusal.

3. In this writ application the petitioner has made a grievance that although the earst-while D.F.O. of Garhwa, after considering the allegations made against the petitioner, directed release of the vehicle by this order dated 23.9.1997 subject to certain conditions, the present respondent No. 2, on assuming charge on 24.9.1997, refused to abide by the said order of his predecessor and even though in compliance of the order dated 23.9.1997 the petitioner filed bond of Rupees five lacs and other documents, the same were not entertained and subsequently on 30.9.1997, without any rhyme and reason, recalled the order dated 23.9.1997 and rejected the prayer of release of the vehicle. Second grievance is that when the petitioner found that the present D.F.O. has acted with illegalit














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