Sumitra Devi vs The State Of Bihar
2021 Latest Caselaw 2355 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7245 of 2021
     ======================================================

Sumitra Devi, D/o Raghuni Paswan, R/o Village- Ram Sabha Gaushala, P.S.- Katihar Town, District- Katihar.

... ... Petitioner/s Versus

1. The State of Bihar, through Principal Secretary, Excise Department, Government of Bihar, old Secretariat, Patna.

2. The District Magistrate Katihar.

3. The Superintendent of Police Katihar.

4. The District Supply Officer (Excise) Katihar.

5. The S.H.O. Katihar (Town) (Sahayak) P.S.- Town (Sahayak), District-

Katihar.

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

For the Petitioner/s : Mr.Suresh Prasad Sah, Advocate For the Respondent/s : Mr. Vikash Kumar, S.C. 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 10-06-2021

Heard the parties.

Petitioner has prayed for following relief(s):-

"I. For issuance writ of mandamus and any other appropriate writ/writs, order/orders and direction/directions to the respondent's authority to release the vehicle (Motorcycle) bearing Registration No. BR39Z-9215 which was seized by the Town Police, under District- Katihar in connection with Katihar Town (Sahayak) P.S. Case No. 542 of 2019 dated 18.08.2019 U/s 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016.

II. For setting aside the order dated Patna High Court CWJC No.7245 of 2021 dt.10-06-2021

20.04.2020 passed in Confiscation Case No. 347/19-20 passed by the learned Addl. Collector-cum-Addl. District Magistrate, Katihar, by which the vehicle (Motorcycle bearing no. BR-39Z-9215).

III. For appropriate direction to the respondents authority to release the motorcycle in favour of petitioner as the same is lying in the open sky in the campus of Katihar Town (Sayayad) police station in uncared manner. IV. For any other appropriate order/direction as his lordship may deem fit and proper."

As prayed on behalf of counsel for the petitioner, the

writ petition is permitted to be withdrawn with liberty to

petitioner to file appeal before the appellate authority (Excise

Commissioner), Patna against the order passed by the

Confiscating Authority, Katihar.

This petition is dismissed as withdrawn.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date
Transmission Date       NA