Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 5134 of 2018 Petitioner :- Shyam Bahadur Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashutosh Upadhyay,Satya Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed to quash the order dated 22.02.2018 passed by the C.J.M., Jaunpur in Case Crime No. 43 of 2018, under Section 4/10 Forest (Conservation) Act and 3/28 Transit Act, Police Station- Kotwali, District- Jaunpur and order dated 04.06.2018 passed by the Addl. Session Judge, Court No. 2, Jaunpur in Criminal Revision No. 55 of 2018 (Shyam Bahadur Vs. State of U.P.) by which the learned C.J.M. has refused to release the timber in favour of the petitioner.
Learned counsel for the petitioner submits that the petitioner had felled the trees that were standing on his abadi land. However, the learned Court below appears to have rejected the application filed by the petitioner by observing that no evidence was led in support of such contention.
Keeping in mind the claim and reasons given by the learned Court below, at present, the order dated 22.02.2018 passed by the C.J.M., Jaunpur and order dated 04.06.2018 passed by the Addl. Session Judge, Court No. 2, Jaunpur are set aside and the matter is remitted to the learned C.J.M., Jaunpur to allow the petitioner one further opportunity to lead such evidence as he may be advised in support of the claim made by the petitioner, since the property in the goods is perishable.
Upon such evidence being led by the petitioner, the application filed by the petitioner may be decided, in accordance with law afresh.
While doing so, if any other application is filed by any other person, the same may be entertained and that other application may also be decided together with the applicant's application after hearing all parties.
With the aforesaid observation, the present petition is disposed of.
Order Date :- 31.7.2018 Abhilash