Binod Kumar Roy and Lakshmi Bihari, JJ. - (1.) The prayer of the petitioner Virendra Slngh was to quash the order dated 4.6.1993 passed by respondent No. 3 the Forest Ranger, Forest Range Laxmipur (Van Prabhag III). Mahrajganj, as contained in Annexure-3 to this writ pelition. His further prayer is to command the Respondents to release the woods which have been taken away from his possession and not to interfere in his peaceful business.
(2.) A persual of Annexure-3 shows that it is a seizure report submitted by Respondent No. 3 to the Chief Judicial Magistrate, Mahrajganj. Unfortunately the Chief Judicial Magistrate has not been impleaded as a parly-respondent by the petitioner nor has it been stated as to what order he has passed in relation to the seizure report. Its further persual shows that the Saw machine of Virendra Slngh alias Balbeer Singh. Proprietor of Singh Saw Mill was enquired into in presence of (i) Forest Officer, North Gorakhpur, (ii) Sub-Divisional Magistrate, Nautanwa. (iii) Forest Officer, Laxmlpur. (iv) Circle Officer, Farenda, (v) Station House Officer. Puranderpur and other Police and Forest officials. During enquiry in the Saw mill premises, it was found that after bringing illegally round logs from the forest some of which were cut and seized along with tools used in the Saw machine and brought to the office premises by exercising the powers vested in the authority under Sections 26 and 52 of the Forest Act and Saw Mill Rules.
(3.) We find that the following order was passed by this Court on 8.9.1993 : "Learned standing counsel prays for and is granted three weeks time and no more to file counter-affidavit. Rejoinder-affidavit may be filed within a week thereafter. List for admission on 11th October. 1993 Until further orders, the respondents are restrained from interfering in running of the Saw Mill of the petitioner. However, it is made clear that the petitioner will not be entitled to remove any wood outside the Saw Mill.";