JUDGMENT :

M.A. CHOWDHARY, J.

1. The petitioners, through the medium of this petition, inter alia, have prayed for the following reliefs:

(i) Commanding the respondent no.2 & 3 to release the trucks/vehicles No.JK013B-4498, JK03B-9023 and JK13A-4510 in favour of petitioners subject to any condition this Court may deem fit and proper;

(ii) Commanding on the respondents to pay the damages to the petitioners as compensation for keeping the aforesaid Trucks in their custody without any right or reason;

(iii) Any other order which this Court may deem fit and proper in the circumstances of the case may also be passed in favour of the petitioners.”

2. Facts giving rise to the filing of this petition, briefly stated, are that the trucks bearing Nos. JK03B-9023, JK13A-4510 & JK13B-4498 owned by the petitioners were seized by the Forest Protection Force (FPF) Jammu on 07.02.2012 at about 8.30 PM at National Highway Bye Pass Road near Sidhra Bridge Jammu, loaded with unfinished willow clefts, being driven without seeking due permission as provided under Section 3 of Willow (Prohibition on Export) Act; that Forest Protection Force (FPF), Jammu seized the said trucks under Sections 6, 13, 16 & 39 of the J&K Forest Act (Amended), 1997 and Sections 3 and 5 of J&K Willow (Prohibition on Export and Movement) Act, 2000, with unfinished willow clefts, loaded in the said trucks; that Deputy Director, Forest Protection Force intimated Divisional Forest Officer, Jammu regarding the seizure of the said trucks alongwith the un-finished willow clefts.

3. The Divisional Forest Officer, Jammu as Authorised Officer, after intimating the learned Chief Judicial Magistrate Jammu and Conservator of Forests East Circle Jammu, initiated confiscation proceedings in respect of the said trucks and willow clefts; that the authorized officer after hearing the parties, confiscated the said vehicles alongwith willow clefts on 04.04.2012; that the petitioners challenged the order dated 04.04.2012 of the Divisional Forest Officer (Authorized Officer) Jammu before the Chief Conservator of Forests, J&K, Jammu (Appellate Authority), who vide order dated 22.08.2012 upheld the order passed by the Authorized Officer.

4. Aggrieved of both the orders passed by Authorised Officer confiscating the vehicles and by the Appellate Authority upholding the confiscation order, the petitioners moved this court by way of filing OWP Nos. 1244/2012, 1245/2012 & 1246/2012, wherein, as an interim direction, this court on 09.11.2012 directed the respondent No.3- Authorised Officer, to file personal affidavit with regard to the averments and the grounds taken by the petitioners in their writ petitions; that pursuant to filing of detailed affidavit by respondent No.3, the Court vide common judgment dated 31.12.2012 directed the respondent No.3 to pass fresh orders after considering the objections and the material placed on record; that in compliance to the judgment dated 31.12.2012, the respondent No.3 as Authorized Officer on 13.05.2013 observed that the seized willow clefts were being transported outside the State, in violation of the provisions of The Willow (Prohibition on Export and Movement) Act and again ordered for the confiscation of seized willow clefts along with trucks in question.

5. Thereafter, the petitioners assailed the order dated 13.05.2013 passed by the respondent No.3 Authorized Officer before the Appellate Authority i.e. respondent No.2 but much to the dismay of the petitioners, the Appellate Authority vide its order dated 24.10.2013, upheld the confiscation order dated 13.05.2013 passed by the respondent No.3 and dismissed the appeal filed by the petitioners-appellants.

6. It is in this backdrop, the petitioners have approached this court by way of filing the instant writ petition, assailing the impugned order, on the following grounds:

a. That the orders passed by the respondents are illegal and arbitrary in nature as there is nothing on record to suggest that the willow clefts in