JUDGEMENT
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(1.) HEARD learned counsel for the petitioner, learned counsel for the State as also Divisional Forest Officer, North Division, Chaibasa.
(2.) THE main grievance of the petitioner is that the order dated 10th August. 2001 has been passed by the respondent DFO, without giving proper opportunity to the petitioner.
The case of the petitioner is that the truck with Bolder (stone) was seized by the DFO, North Division Chaibasa and confiscation proceeding being Case No, 9 of 2001 was initiated. Inspite of application, when the truck was not released, he has to move this Court in W.P. (C) No. 3501 of 2001. In (sic) the Court passed order on 3rd August, 2001. Directed the DFO to pass appropriate order within fifteen days of the application, as was preferred by the petitioner on 23rd August. 2001.
(3.) COUNSEL for the petitioner submitted that the notice was issued on the petitioner on 20th July, 2001. granting fifteen days time to file show cause but before such period. It was fixed on 30th July, 2001. The DFO, North Division, Chaibasa was not present and the matter was subsequently taken up on 10th August, 2001 when instead of passing any order relating to release of trick, the case was finally decided, without giving proper opportunity to the petitioner.;
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