Anita Devi vs The State Of Bihar
2021 Latest Caselaw 569 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8558 of 2020
     ======================================================

Anita Devi, female, aged about 56 years, wife of Rajdeo Prasad, resident of Village/Moh.- Gaurakchhani Road Manpur, Police Station- Muffassil, District

- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Food & Consumer Protection Department, Govt. of Bihar, Patna.

2. The District Magistrate, Gaya.

3. The Sub Divisional Officer, Sadar Gaya.

4. The Block Supply Officer, Bodh Gaya, Dist.- Gaya.

5. The Officer In charge, Bodh Gaya Police Station, Dist. - Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate For the State : Mr. Prashant Pratap, GP 2 with Mr. Gyan Shankar, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Binay Kumar, learned counsel for the

petitioner and Mr. Prashant Pratap, learned GP 2 along with Mr.

Gyan Shankar, learned AC to GP 2 for the State.

3. The petitioner has moved the Court for the

following reliefs:

"...for issuance of appropriate writ(s), order(s) and direction(s) to the concern authority to release the Pick-up van bearing registration No. BR2K-5318 which was seized by the Block Supply Officer, Bodh Gaya, in connection with Bodh Gaya P.S. Case No.214 of 2020 registered under section 7 of Essential Commodities Act, Patna High Court CWJC No.8558 of 2020 dt.02-02-2021

1955."

4. Learned counsel for the petitioner submitted that in

view of the fact, as brought on record in the counter affidavit

filed on behalf of the respondents no. 2 to 4, that confiscation

proceeding has been started and is pending before the District

Magistrate, Gaya, the matter be disposed off with liberty to the

petitioner to pursue his remedy for provisional release before

the District Magistrate, Gaya.

5. Learned counsel for the State does not object.

6. In view thereof, the writ petition stands disposed

off with liberty to the petitioner to move before the District

Magistrate, Gaya, in Confiscation Case No.10 of 2020 arising

out of Bodh Gaya PS Case No.214 of 2020.

7. If the petitioner moves before the District

Magistrate, Gaya (respondent no. 2) within three weeks from

today, praying for provisional release of his vehicle, such

application shall be considered and disposed off latest within

three weeks from the date of filing such application.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T