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2008 Supreme(Gau) 404

BROJENDRA PRASAD KATAKEY
Md. Aziz Ahmed Khan – Appellant
Versus
State of Assam – Respondent


JUDGMENT

B.P. Katakey, J.

1. The petitioner who is the owner of a vehicle bearing registration No. MZ-01D/4521 by the present petition has challenged the order of confiscation dated 9.10.2007 passed by the Divisional Forest Officer, Karimganj Division, Karimganj (respondent No. 3) in Forest Case No. PK/05 of 2007-08 of Patharkandi Range, basically on the ground violation of the principles of natural justice and prayed for re-hearing' of the said Forest Case by any other competent authority other than the respondent No. 3, in compliance of the provisions of the Assam Forest Regulation, 1891 ('the Regulation').

2. The case of the petitioner in the writ petition is that on 16.6.2007 he received a notice from the Patharkandi Forest Range Office intimating him that the aforesaid truck was seized by the said authority as the same was found loaded with few bundles of fire wood on 14.6.2007, in response to which he submitted his reply on 26.6.2007 intimating the authority that the driver of the truck was carrying the said goods illegally and without his permission and requested the authority to release the truck. As the vehicle in question has not been released, the petitioner filed another a



























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