Patna High Court
Md. AfzalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
A cryptic, non‑speaking revisional order that fails to state reasons is ultra vires and must be set aside, and the seized vehicles must be released on interim security pending final determination.
Summary
The petitioners challenged two orders: a revisional order dated 09.04.2025 that set aside a favorable District Magistrate order, and a confiscation order dated 30.12.2023 that seized two trucks loaded with stone boulders. They sought certiorari to quash both orders and mandamus to release the vehicles. The Court found the revisional order to be cryptic and non‑speaking, lacking any reasons, and therefore could not be sustained. Consequently, the revisional order was set aside and the matter remitted for a fresh, reasoned order after hearing the petitioners. Applying the Supreme Court’s decision in Sunderbhai Ambalal Desai v. State of Gujarat, the Court directed interim release of the seized trucks upon the petitioners furnishing security and complying with specified conditions. The writ petition was allowed to the extent of setting aside the revisional order and granting the interim relief.
Issues considered
- Whether a revisional authority's order that is cryptic and non‑speaking, without reasons, is legally valid.
- Whether the confiscation of the two trucks under forest law can be set aside and the vehicles released pending final determination.
- Whether a writ of mandamus can be issued directing the authorities to release the seized vehicles.
Subjects
- writ of certiorari
- writ of mandamus
- cryptic order
- forest law
- vehicle confiscation
- interim relief
- reasoned order
- revisional authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19615 of 2025
======================================================
1. Md. Afzal Son of Nenul Haq, Resident of Village- Nimang, Post and Police
Station- Jamui, District- Jamui.
2. Shekh Mohammad Sikander, Son of Jahir Shekh, Resident of NST Colony,
Kohima Nagaland.
... ... Petitioner/s
Versus
1. The State of Bihar through Divisional Forest Officer, Jamui Forest Division,
District- Jamui, Bihar.
2. The Secretary-cum-Revisional Authority, Environment, Forest and Climate
Change, Government of Bihar, Patna.
3. The Divisional Forest Officer, Jamui Forest Division District- Jamui.
4. The District Forest Officer, Jamui.
5. The District Magistrate-cum-Collector Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Advocate
Mr.Anil Kumar Singh, Advocate
Mr. Samir Kumar Bharti, Advocate
For the State : Mr. Dayanand Singh, GP-7
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petitioners have moved the Court for the
following reliefs:
“a) That the present writ petition is
being filed on behalf of abovenamed petitioners
before this Hon'ble Court for issuance of writ of
certiorari for quashing/setting aside the order
09.04.2025 passed in Forest Revision Case
No.09 of 2024 by Learned Secretary-Cum-
Patna High Court CWJC No.19615 of 2025(4) dt.02-02-2026
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Revisional Authority, Environment, Forest and
Climate Change, Government of Bihar, Patna by
which revision application filed by the
respondent State against an order dated
20.08.2024 passed in Forest Appeal Case No.01
of 2004 by the District Magistrate, Jamui, has
been allowed.
1(b). That the petitioners are also
praying before this Hon'ble Court for issuance of
further writ of certiorari for quashing/ setting
aside the order dated 30.12.2023 passed in
Forest Confiscation Case No.12 of 2023 by
which two trucks bearing No.NL01AB-1176 &
JH09U-9237 loaded with stone boulders have
been confiscated.
1(c) That the petitioners are further
praying before this Hon'ble Court for issuance of
writ of mandamus for directing/ commanding the
respondent authorities to release the two trucks
bearing No.NL01AB-1176 & JH09U-9237 which
has illegally and wrongly been confiscated in
Confiscation Case No. 12 of 2023.”
3. The petitioners have challenged the order dated
09.04.2025 by which the Secretary-cum-Divisional Authority
has set aside the order of the District Magistrate, Jamui dated
20.08.2024 passed in Forest Appeal Case No. 01 of 2004 which
was in favour of the petitioners.
4. It has been submitted by learned counsel for the
petitioners that the impugned order dated 09.04.2025 is cryptic
and non speaking and has been passed without assigning any
reasons.
5. Learned counsel for the State has supported the
impugned reivisional order and has submitted that the reasons
Patna High Court CWJC No.19615 of 2025(4) dt.02-02-2026
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have been supplied in the impugned order.
6. I have gone through the impugned revisional order
as well as the order of the District Magistrate, Jamui. It appears
that the order of the revisional authority is a cryptic and non
speaking order by which the order of the District Magistrate,
Jamui dated 20.08.2024 has been set aside.
7. I am of the opinion that this kind of cryptic and non
speaking order cannot be sustained. Accordingly, the same is set
aside.
8. The matter is remitted back to the Secretary-cum-
revisional authority for fresh consideration in accordance with
law. The revisional authority shall pass a fresh and reasoned
order after hearing the petitioners in accordance with law.
9. Since no fruitful purpose will be served in keeping
the vehicles seized, therefore, considering the law laid down by
the Hon’ble Supreme Court in the case of Sunderbhai Ambalal
Desai vs. State of Gujarat reported as 2002 (10) SCC 283,
during pendency of the matter before the concerned authority,
the vehicles in question bearing registration number NL01AB-
1176 and JH 09U-9237 shall be released in favour of the
respective owners-petitioners by way of interim relief with the
following conditions:
Patna High Court CWJC No.19615 of 2025(4) dt.02-02-2026
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i. The respective owner-petitioners
shall furnish a security of rupees
Twenty two lakhs each (not in
the form of bank guarantee or
fixed deposit) before the
concerned/competent authority
at the time of release of their
respecive vehicles in question.
ii. The petitioners shall furnish all
the necessary papers/documents
of ownership before the
concerned/competent authority.
iii. The petitioners shall undertake,
in writing, that the respective
vehicles in question, shall
neither be alienated nor be
transferred/sold in favour of any
third party during the pendency
of the proceeding and that the
trucks in question shall be
produced as and when called
upon or required in the
proceeding or otherwise.
iv. If any jurisdictional objection is
taken by the petitioners, that
shall also be considered by the
authority concerned. The
petitioners will also cooperate
with the authorities till the final
disposal of the proceeding.
Patna High Court CWJC No.19615 of 2025(4) dt.02-02-2026
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10. With the aforesaid directions and observations,
this writ petition stands allowed to the above extent.
(Sandeep Kumar, J)
P. Kumar
U
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