Patna High Court
Lallu Prasad @ Lallu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the matter should be referred to the Divisional Forest Officer to conclude the forest case within two months, and accordingly disposed the writ petition.
Summary
Lallu Prasad petitioned the Patna High Court for a writ of mandamus directing the release of his seized Maruti Suzuki Alena (Reg. No. BR24AK5079), which forest officials had confiscated alleging that horns of Sambhar and deer were found in the vehicle in connection with Forest Case No. 17 of 2018/2026 under the Wildlife Protection Act. The petitioner claimed ownership of the vehicle and no knowledge of the illegal horns, while the State argued that the forest case needed to be disposed of promptly. The Court did not order immediate release of the vehicle; instead, it directed the Divisional Forest Officer, Kaimur, to conclude the forest case within two months, emphasizing natural justice. The petitioner was instructed to produce the court’s order to the forest office. The writ petition was disposed with the said observation.
Issues considered
- Whether the petitioner is entitled to the release of his seized vehicle through a writ of mandamus under the Wildlife Protection Act.
- Whether the forest authorities have lawfully seized the vehicle and must expedite disposal of Forest Case No. 17 of 2018/2026.
Legislation cited
- Wildlife (Protection) Act, 1972 — s. 26A, 27, 29, 30, 31, 32, 50, 51, 9
Subjects
- Wildlife Protection Act
- seizure of vehicle
- writ of mandamus
- natural justice
- forest law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7524 of 2026
======================================================
Lallu Prasad @ Lallu Yadav son of Dukhi Yadav, R/o village Dahar, P.S.
Adhoura, District Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary of the Forest Department, State of
Bihar Patna.
2. The Collector cum District Magistrate, Kaimur at Bhabua.
3. The Superintendent of Police, Kaimur at Bhabua.
4. District Forest Officer, Kaimur at Bhabua.
5. Forest Ranger Officer, southern Fores Range, Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the State : Mr. Standing Counsel (26)
: Mr. Subodh Kumar, AC to SC-26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-07-2026 Heard Mr. Tribhuwan Narayan, learned counsel for
the petitioner and learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of writ in nature of Mandamus
or any appropriate writ, order or direction to
direct the respondent authorities to release the
Maruti Suzuki Alena bearing registration No.
BR24AK5079 in favor of the petitioner which
has been seized in connection with Forest Case
No. 17 of 2018, registered under section 9, 26A,
Patna High Court CWJC No.7524 of 2026(2) dt.02-07-2026
2/3
27, 29, 30, 31, 32, 50 and 51 of the Wild Life
Protection Act.”
3. The vehicle of the petitioner having Registration
No.BR24AK5079 stands seized by the Forest Officials of
Kaimur at Bhabhua, alleging that the horns of Sambhar and
Deer have been seized from the said vehicle. This led to Forest
Case No. 17 of 2026 (State vs. Ekadasho Sah and Ors.).
4. Learned counsel for the petitioner submits that he
is the owner of the vehicle, had no knowledge about the said
movement/carrying of the horns of endangered species and
pursuant to the Forest Case No. 17 of 2026, a reply already
stands submitted on 05.03.2026 (Annexure-P/3 to the writ
petition). However, the contention is that the District Forest
Officials of Kaimur are sitting over the matter and not taking the
said case to its logical conclusion thus depriving him of the
vehicle.
5. Learned State counsel submits that if not disposed
of, the Forest Case No. 17 of 2026 shall be disposed of at an
earliest.
6. In that background, this Court directs the
Divisional Forest Officer, Kaimur at Bhabhua to look into the
matter and see to it that after following the principle of natural
Patna High Court CWJC No.7524 of 2026(2) dt.02-07-2026
3/3
justice, the Forest Case No. 17 of 2026 is taken to its logical
conclusion preferably within a period of two months from the
date, the petitioner produces the order of this court before
his/her office.
7. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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