Ram Singh vs The State Of Bihar
2022 Latest Caselaw 2183 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2128 of 2022
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Ram Singh, aged about 43 years, male, S/o Shri Ram Dhan, Resident of 329 Niat (62), Nayat Gaon, P.S. - Gohana, District - Sonipat (Haryana).

... ... Petitioner/s Versus

1. The State of Bihar through Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

2. The Collector-cum-District Magistrate, Madhubani.

3. The District Supply Officer, Madhubani.

4. The Block Supply Officer, Pandual, Madhubani.

5. The Officer In-charge Sakri P.S., District - Madhubani.

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

For the Petitioner/s : Mr. Sanjay Singh, Sr. Advocate For the Respondent/s : Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 20-04-2022

Heard the learned counsel for the parties.

2. The vehicle of the petitioner was seized

pursuant to a criminal case having been lodged against

him.

3. When the petitioner came up before this

Court for a direction to have the vehicle released in his

favour, this Court, by order dated 11.06.2019 passed in Patna High Court CWJC No.2128 of 2022 dt.20-04-2022

C.W.J.C. No. 11878 of 2019, directed the Chief Judicial

Magistrate, Madhubani to look into the matter and

dispose of the application of release of the vehicle of the

petitioner, if no confiscation proceeding would have been

initiated by then.

4. The Chief Judicial Magistrate, Madhubani

found that the confiscation proceeding had already been

set afoot by then.

5. The confiscation proceedings have

continued for a long time and the counsel for the

petitioner has shown to this Court the last of the orders

passed in such proceeding which only indicates that

because of the busy schedule of the Presiding Officer, no

final order has been passed.

6. We cannot countenance such an approach

of a quasi-judicial authority, especially in matters relating

to the rights of an individual.

7. The learned counsel for the State,

however, submits that a final decision shall surely be

taken by the authority within a period of next thirty days, Patna High Court CWJC No.2128 of 2022 dt.20-04-2022

to be counted from today.

8. The learned counsel for the petitioner as

also the State have been asked by this Court to intimate

the concerned authority the import of the order passed

today with respect to the deadline for deciding the

confiscation case.

9. Let the confiscation authority decide the

matter within the next thirty days as assured by the

learned counsel for the State.

10. Needless to state that any order so

passed would be a reasoned one and a copy of such

order shall be afforded to the petitioner for him to

challenge it, if he is not satisfied.

11. With the aforesaid observation/direction,

the writ petition stands disposed off.

(Ashutosh Kumar, J)

(Anjani Kumar Sharan, J) Praveen-II/-

AFR/NAFR                       NAFR
CAV DATE                       N/A
Uploading Date                 22.04.2022
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