Tara Devi vs The State Of Bihar
2023 Latest Caselaw 5199 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10643 of 2023
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Tara Devi, Wife of Late Awadh Kishore Mandal, Resident of Saitpura Kulkuliya, Post- Kahalgaon, Colgong, P.S.- Kahalgaon, District- Bhagalpur, Bihar-813203.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

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

3. The Sub Divisional Officer, Kahalgaon, Bhagalpur.

4. The Block Supply Officer, Block, Kahalgaon, Bhagalpur.

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

Mr.Diksha Kumari, Adv For the Respondent/s : Mr. Alok Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 09-10-2023

Heard the parties.

2. The present writ petition is filed by the

petitioner seeking a direction from this Court to direct the

respondents to release the truck bearing registration no. JH-02-

K-1091.

3. Learned counsel for the petitioner has stated that

the husband of petitioner, who died on 20.10.2019, was the

owner of the vehicle and her husband's truck was engaged for

the purpose of transporting the Oosana rice. That during its

onward journey the truck was seized by the official respondents Patna High Court CWJC No.10643 of 2023 dt.09-10-2023

on the ground that the transported rice was precious rice meant

for public distribution system (PDS). The driver of the vehicle

has given the name of the husband petitioner as the owner of the

vehicle and a case was booked under Section 6(A) of the

Essential Commodities Act bearing Case No. 128/2019-20 for

the seized rice. Learned counsel has stated that the petitioner is

not concerned with the seized rice as he is not the owner of the

same, but, only concerned with the release of the vehicle which

was let out on hire.

4. Learned counsel for the petitioner has relied on

the judgment of this Hon'ble Court in C.W.J.C. No. 697 of 2022

and his contention is that under similar circumstances this

Hon'ble Court was pleased to release the vehicle by imposing

some condition.

5. Learned counsel for the respondents has

vehemently opposed the very maintainability of the writ petition

and has stated that the vehicle of the petitioner was involved in

an illegal transportation of public distribution system rice. That

the same was subject matter of the case which was booked

under the Essential Commodities Act and also a criminal

complaint was lodged with Kahalgaon Police Station, bearing

case no. 475 of 2019, registered on 23.07.2019 under Section 7 Patna High Court CWJC No.10643 of 2023 dt.09-10-2023

of the Essential Commodities Act and therefore, prayed to

dismiss the present C.W.J.C.

6. A perusal of the judgment relied by the learned

counsel for the petitioner in C.W.J.C. No. 697 of 2022 reveals

that under similar circumstances a Hon'ble Single Judge of this

Court was pleased to order for release of the vehicle relying on

an earlier judgment of the Hon'ble High Court in C.W.J.C. No.

16455 of 2014 and also a judgment of this Court reported in

2020(4) BLJ, 50 (Vijay Shah Vrs. State of Bihar & Ors.)

wherein the District Magistrate was directed to pass necessary

orders for the release of the vehicle by imposing certain

conditions.

7. Having regard to the same, this Court directs the

Collector-cum-District Magistrate, Bhagalpur, (Respondent No.

2) to pass necessary orders for release of the vehicle, bearing

registration no. JH-02-K-1091 subject to the satisfaction of the

Collector-cum-District Magistrate, Bhagalpur, and the petitioner

undertakes to abide by any conditions that may be imposed by

the Collector-cum-District Magistrate, Bhagalpur, for the

purpose of future proceedings. The petitioner shall make

available the adequate and sufficient security/surety (not in cash

and by guarantee). The Collector-cum-District Magistrate, Patna High Court CWJC No.10643 of 2023 dt.09-10-2023

Bhagalpur, shall pass necessary order for release of the vehicle

and impose any conditions that he may deem fit and proper for

releasing the vehicle and the petitioner shall be required to abide

by the same.

8. The Collector-cum-District Magistrate,

Bhagalpur, is directed to pass necessary orders within a period

of two weeks from the date of receipt/communication of this

order.

9. With the above direction, the writ application is

disposed off accordingly.

(A. Abhishek Reddy , J) Bhardwaj/-

AFR/NAFR
CAV DATE
Uploading Date          12.10.2023
Transmission Date