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manu (advocate)     25 August 2008

forest act

Sirs,

is court of sessions empowered to grant an injunction restraining the forest authorities to sell the seized vehicles by auction sale???

can i have a ruling if possible.



Learning

 3 Replies

aruntrivedi (lawyer)     25 August 2008

the vehicles siezed or confiscated by the authority for doing an illegitimate activities with the help of that vehicle when the said vehicle is consficated by the authorities it may be forest, police or municipal authority for evading octroi (chungi) so no restrained shall be granted. not advisable. You can apply tp the authority for releasing the vehicle confiscated it is at their descriation civil court cannot help you, because what injustice is made by the authorities to you (your client). Better to file an appeal against the decision of the authorities to its higher authorities just like range forest office, or forest conservator you can file an appeal against his decision of disposal of vehicle instead of returning the same to the owner also an appeal under the Rules can be filed with Secretary, Forest Department, and if nothing yield then you have to approach the High Court of the State that is only the remedy. Find out citations and past precedents wherein such articles are returned back to the owner and submit before the authorities and if not yielded anything bring STAY ORDER from Hon'ble State High Court restraining its disposal before the same is disposed off.

manu (advocate)     26 August 2008

thank u sir for quick guidence.


but i want some urgent relief. foresst dept is all set for auction sale of the vehicle.

aruntrivedi (lawyer)     26 August 2008

approach secretariate forest department with an appeal if unsuccessful file write petition before the Hon'ble State High Court do this on urgent basis move the court for stat order with past precidents and citations, which may yield some result. Engage Learned Advocate for Petition before Secretary & High Court. Only remedy. Move Hon'ble High Court against notification of auction for relief of stay order on urgent basis. that is only the remedy.


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