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Judgment
Aggrieved of order dated 27.11.2002 passed in Revision Case No.ÂCÂ16 of 2002 by which the revisional authority has setÂaside the appellate
order dated 08.11.2001, the petitioner has approached this Court.
Briefly stated, on 02.01.1997 a truck loaded with boulders was confiscated on the ground that it was not carrying a valid challan. The confiscating
officer vide its order dated 01.12.1997 has ordered confiscation of the truck bearing no. BRÂ35HÂ0191 along with the handÂbroken boulders. The
petitioner has denied that he had any knowledge of the truck operating without valid challan and it was seized within the forest area carrying illegal
boulders. The petitioner has further pleaded that in the criminal case, he has been acquitted of the criminal charges framed against him. The
appellate authority by an order dated 08.11.2001 has held that the truck was seized outside the forest area and the oppositeÂparty has failed to
establish that it was infact seized within the forest area. The appellate order has been interfered by the revisional authority without concluding that the
aforesaid finding recorded by the appellate authority is perverse, or that the department has produced indisputable document to establish that the truck
along with boulders was seized within the forest area. The revisional authority was not exercising a jurisdiction larger than the one conferred upon the
appellate authority, which can adjudicate the questions of fact as well as law.
In the above facts, finding serious infirmity in the impugned order dated 27.11.2002, it is setÂaside. The writ petition stands allowed.
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