Patna High Court
Dinesh SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The confiscation order cannot be interfered with; the seized tractors shall be auctioned, and the highest bidder, including the petitioners, shall obtain them.
Summary
The petitioners, Dinesh Sah and Khajanti Yadav, challenged the confiscation of their tractors and related equipment by forest authorities, which were seized under Section 52(1) of the Indian Forest (Bihar Amendment) Act, 1989 and Section 50(1)(c) of the Wildlife Protection (Amendment) Act, 1972. They sought writs of certiorari and mandamus to set aside the confiscation orders and to obtain the release of the vehicles, arguing that the assets were lying exposed in the forest and deteriorating. The High Court observed that the tractors were involved in illegal activity within the forest, rendering the confiscation order valid and not amenable to interference. The Court directed the State to conduct an auction of the seized tractors within six months after proper valuation, allowing the petitioners to participate as bidders. The application for relief was dismissed, with the tractors to be released to the highest bidder, which could be the petitioners themselves.
Issues considered
- Whether the confiscation order under Section 52(1) of the Indian Forest (Bihar Amendment) Act, 1989 and Section 50(1)(c) of the Wildlife Protection (Amendment) Act, 1972 can be set aside by a writ of certiorari or mandamus.
- Whether the interim release of the seized tractors and equipment is appropriate pending the confiscation proceedings.
- Whether the State is obligated to auction the seized property and permit the petitioners to bid.
Subjects
- confiscation
- forest law
- writ of certiorari
- mandamus
- auction
- illegal activity
- environmental law
- property seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7662 of 2025
======================================================
1. Dinesh Sah Son of Jadolal Sah, Resident of Village- Ward No. 10,
Pachrukha Sirisiya, Belahwa, Police Station- navrangiya, District- West
Champaran (Bettiah).
2. Khajanti Yadav, Son of Subhag Yadav, Resident of Village- Ward No. 10,
Pachrukha Sirisiya, Belahwa, Police Station- navrangiya, District- West
Champaran (Bettiah).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Environment, Forest and
Climate Change Department, Government of Bihar, Patna.
2. The Secretary-cum-Revisional Authority, Environment, Forest and Climate
Change Department, Government of Bihar, Patna.
3. The Divisional Forest Officer-cum-Deputy Director, Valmiki Tigre Reserve,
Division- 2, West Champaran (Bettiah).
4. The District Magistrate-cum-Appellate Authority, District- West Champaran
at (Bettiah).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arbind Kumar Singh, Advocate
For the Respondent/s : Mr.Standing Counsel (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 08-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petitioners have moved the Court for the
following reliefs:
“(i) for issuance of a writ in the
nature of certiorari or any other appropriate
writ, order or direction, setting aside the order
dated 18.12.2024 passed by the Secretary-cum-
Revisional Authority, Environment, Forest and
Climate Change Department, Government of
Bihar in Forest Revision Case No. 7/2024
whereby and where under she has been pleased
to set aside the interim order dated 02.07.2024
Patna High Court CWJC No.7662 of 2025(7) dt.08-01-2026
2/3
passed by the Ld. District Magistrate -cum-
Appellate Authority by which he has been
pleased to provisionally release both Tractors
along with its Cultivator and Rotavator,
considering the fact that the Vehicles in question
are lying under open Sky without any care and
caution within premises of Madanpur Forest
Range, during pendency of Case No. CRM No.
1601/2023-24.
ii. for issuance of a writ in the nature
of certiorari or any other appropriate writ,
order or direction, setting aside the order dated
23.01.2024 passed by the Divisional Forest
Officer-cum-Deputy Director, Valmiki Tigre
Reserve, Division -2, West Champaran in
confiscation case No. 12/2022.
iii. for issuance of a writ in the nature
of mandamus or any other appropriate writ,
order or direction, directing the respondents to
release the Mahindra Tractor bearing
Registration No. BR22 GA 4316 DI red colour,
Engine No. RGH2MBA0747, Chassis No.
MBNABALGKGRH00075 along with Rotavator
in favour of Petitioner No. 1 & Escort Power
Track bearing Registration 4645 No. BR-22-Q-
4645 Engine No. E3204510, Chassis No.
B3184418 along with Cultivator in favour of
Petitioner No. 2, which have been Seized under
section 52(1) of Indian Forest (Bihar
Amendment) Act, 1989 and section 50 (1) (C) of
Wildlife Protection (Amendment 2006) Act, 1972
and the same are lying in Madanpur Forest
Range under Open Sky without any care and
caution as such its parts, body, Battery and
engine are deteriorating day-by-day.”
3. The DFO and the Revisional Authority have passed
confiscation order of the tractors belonging to the petitioners.
4. From the facts of the case, it appears that the
tractors were involved in illegal activity within forest area and
Patna High Court CWJC No.7662 of 2025(7) dt.08-01-2026
3/3
therefore, in my opinion, the confiscation order cannot be
interfered with.
5. This Court had specifically queried, as to within
what time the State will be able to auction the tractors in
question to which the learned counsel for the State has
submitted that the auction can be done within six months.
6. In these circumstances, the State is directed to
expedite the auction proceeding after proper valuation by MVI
and the petitioners are also permitted to participate in the
auction and if the petitioners emerges as the highest bidders then
the tractors shall be released in their favour or in favour of the
highest bidder.
7. With the observation and direction, this application
is dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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