Patna High Court
Yadunandan Roy vs The State Of Bihar on 3 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19936 of 2021
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Yadunandan Roy, Son of Late Yogendra Nath Ray, Resident of Village -
Mahaldar Tola, P.S. - Azamnagar, District - Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Government of Bihar, Patna.
2. The District Magistrate - Cum - Collector, Katihar.
3. The Senior Superintendent of Police, Katihar.
4. The Excise Superintendent, Katihar.
5. The Sub Inspector, Azamnagar (Salmari O.P.), Police Station, District -
Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vishwa Ranjan Choudhary, Advocate
For the Respondent/s : Mr.Kumar Manish (SC-5)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted by Hon'ble the
Chief Justice/ Hon'ble Judges through Video Conferencing from
their residential offices/residences. Also, the Advocates and the
Staffs joined the proceedings through Video Conferencing from
their residences/offices.)
Date : 03-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"i. That the present writ application is being
filed for issuance of appropriate writ/writs,
order/orders, direction/directions to the
respondent authorities to release the Auto
Tempo (Three Wheeler) of the petitioner
bearing Registration No. BR39PA-2247,
Engine No. - S9A8952855, Chasis No. -
MBX0003BFXB796342, in favour of the
Patna High Court CWJC No.19936 of 2021 dt.03-02-2022
petitioner, which was seized by the Sub-
Inspector of Police in connection with
of 2020 registered for the offence under
Section 7 of Essential commodities Act
and/or for any other relief or reliefs to
which the petitioner may be found entitled
in course of hearing of this writ
application."
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioner, under
instructions, states that petitioner may be permitted to prefer
an appeal against the impugned order before the Appellate
Authority.
Permission granted.
Learned counsel for the respondents states that if
such an appeal is preferred within a period of four weeks from
today, the issue of limitation, if any, shall neither be raised nor
allowed to come in the way of adjudication of the appeal on
merits.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
mutually agreeable terms:-
(a) Petitioner is permitted to prefer an appeal within a
period of four weeks from today;
(b) In the event of appeal being preferred within a
Patna High Court CWJC No.19936 of 2021 dt.03-02-2022
period of four weeks from today, the issue of limitation shall
not come in the way of adjudication of the appeal on merits;
(c) Opportunity shall be granted to the parties to
place on record all essential documents and materials, if so
required and desired;
(d) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(e) The Appellate Authority shall decide the appeal
on merits, in compliance of the principles of natural justice;
(f) The Appellate Authority shall pass a reasoned and
speaking order, within a period of eight weeks from the date
of filing of the appeal;
(g) Copy of the reasoned and speaking order passed
by the Appellate Authority shall be supplied to the parties;
(h) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
(i) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(j) We have not expressed any opinion on merits and
Patna High Court CWJC No.19936 of 2021 dt.03-02-2022
all issues are left open;
(k) Liberty reserved to the petitioner to challenge the
order, before the appropriate forum, if required and desired.
The instant petition sands disposed of in the
aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
CAV DATE
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