Patna High Court
Sanjeev Kumar vs The State Of Bihar on 30 April, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7274 of 2024
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Sanjeev Kumar son of Late Sita Ram Ray, r/o Village- Harpur Mahmadda,
Ward No.- 05, Police Station- Pusa, District- Samastipur- 848125
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector-cum-District Magistrate,
Samastipur
2. The Collector-cum-District Magistrate, Samastipur
3. The Deputy Collector Land Reforms, Samastipur
4. The Superintendent of Police Samastipur
5. The S.H.O., Chakmehsi Police Station, Samastipur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amar Kumar Singh, Adv.
For the Respondent/s : Mr.Birju Prasad, GP-13
Mrs. Shweta Anand, AC to GP-13
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 30-04-2024
In the instant petition, petitioner has prayed for
the following reliefs:-
(i) To set aside the order
dated 01.02.2023 passed by the Deputy Collector
Land Reforms, Samastpur ( Respondent No.-3) in
Confiscation Case No.-20 of 2022-23 arising out
of Chakmehsi P.S. Case No.-207 of 2022 whereby
vehicle of petitioner, Tata Yodhha bearing
registration No.-BR-33GB-4061, Chassis No.-
MAT464663MSK13522 Engine No.-
VARICOR12KYXJ14550 and another vehicle
Patna High Court CWJC No.7274 of 2024 dt.30-04-2024
were confiscated and directed to superintendent
of Prohibition to action the said vehicle.
(ii) To pay the amount of
vehicle to the Petitioner and the finance company
due with interest as the compensation.
(iii) To any other relief to
which the petitioner is entitled.
2. The petitioner has not exhausted remedy of
appeal before the Appellate Authority. It is also submitted that
subject matter of the motor vehicle stated to have been
auctioned. Obviously, the petitioner has failed to file appeal
within a reasonable period of time.
3. Be that as it may, petitioner is at liberty to file
appeal before the Appellate Authority within a period of four
weeks from the date of receipt of this order. If such appeal is
filed, the Appellate Authority is hereby directed to examine the
petitioner's appeal and proceed to dispose of the same on merit
within a period of two months.
4. We have noticed that there is no time limit for
filing appeal before the Appellate Authority. In such
circumstances, the concerned authority was required to examine
the circumstances and number of days of delay so as to come to
the conclusion that appeal was filed within a reasonable period
Patna High Court CWJC No.7274 of 2024 dt.30-04-2024
of time or not. In this regard, Appellate Authority is hereby
directed to take note of Hon'ble Supreme Court decision in the
case of North Eastern Chemicals Industries (P) Ltd. and
Another vs. Ashok Paper Mill (Assam) Ltd. and Another
reported in 2023 SCC Online SC 1649.
5. Accordingly, the present writ petition stands
disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
shahzad/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 06.05.2024
Transmission Date N.A.
