U.C.DHYANI
INDER SINGH BISHT – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
U.C. Dhyani, J. (Oral)
The applicant, by means of present criminal writ petition moved under Article 226 of the Constitution of India, seeks to issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 17.05.2014 and 05.07.2014, passed by respondent no. 2 and respondent no. 3 respectively.
2. As per challani report, one truck bearing registration no. MP-06 E/0226 was found carrying illegal mines and minerals from the river bed on 30.03.2014, by a team comprising of forest officials, police officials and revenue officials. Accordingly, the truck was seized. The same was confiscated by the Divisional Forest Officer, West Tarai Forest Division, Ramnagar under Section 52A of the Indian Forest Act (Uttarakhand amendment), vide order dated 17.05.2014. An appeal was preferred before the Conservator of Forests, Haldwani against the same. The Appellate Authority / Conservator of Forests, Western Circle, Uttarakhand, Haldwani dismissed the appeal no. 26 of 2014-15. Aggrieved against the same, present criminal writ petition has been filed on behalf of the writ petitioner.
3. It is undisputed fact that the writ petitioner is the owner of the tr
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