WA 166/2016. Gauhati High Court

Case Number:WA 166/2016
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Writ Appeals under the Gauhati High Court Rules

 
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IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MIZORAM)

WRIT APPEAL NO.166 OF 2016

Appellant :

Shri Samarendra Kumar Dey,

Son of late Girija Mohon Dey, Village Ditakcherra Bazar,

P.O. Ditakcherra Bazar (Harangajao) District North Cachar Hills, Assam

Respondents:

  1. The State of Assam,

    (Represented by the Principal Secretary to the Govt. of Assam, Forest Department, Dispur, Guwahati-6)

  2. The Principal Secretary to the Govt. of Assam Forest Department, Dispur, Guwahati-6

  3. The Principal Chief Conservator of Forests, Assam Rehabari, Guwahati -8.

  4. The Chief Conservator of Forests (Wildlife), Assam Rehabari, Guwahati-8

  5. The Conservator of Forests, Southern Assam Circle, Silchar, Assam

  6. The Divisional Forest Officer,

    Cachar Forest Division, Silchar, Assam.

    BEFORE

    HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

    For the Appellant … Mr. N Dhar, Mr. TU Laskar and Ms.U Baruah, learned counsel

    For the Respondents … Ms.RB Bora, learned Government

    Advocate, Assam for the respondents. Date of hearing & Judgment … 25.5.2017

    JUDGMENT AND ORDER (Ajit Singh, C.J.)

    This intra-court appeal is directed against the order dated 21.1.2014 passed by the learned Single Judge of this High Court, whereby he has

    dismissed appellant’s WP(C) No.1824/2009 confirming the order of confiscation of elephants as passed by the Forest Officer.

  7. On 23.10.2003, an information was received by a competent Forest Officer regarding illegal felling of trees within the inner-line of reserved forest and also carrying of such felled trees by the elephants. The Forest Officer therefore with his team immediately rushed to the spot. There he found that two elephants were being used by some men for carrying logs of illegally felled trees in the reserved forest. Seeing the Forest Officer and his team, those men taking advantage of jungle, managed to escape. The Forest Officer then seized 23 logs as well as the elephants for being used in the commission of forest offence. The appellant claimed himself to be the owner of one of the two seized elephants. Since forest offence was committed by felling the trees illegally, the Authorised Officer, after issuing notices to the appellant and all other concerned persons, vide order dated

    30.12.2003, confiscated the seized logs along with two elephants. This order of confiscation was passed by the Authorised Officer in exercise of powers conferred under Regulation 49 of the Assam Forest...

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