Citation : 2025 Latest Caselaw 3926 Patna
Judgement Date : 22 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8685 of 2019
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Pramod Barnwal @ Pramod Varnwal S/o Radhe Modi Permanent R/o Village-
Lal Pur Tola, Banka, presently residing at Village-Suiya, P.S.-Suiya, District-
Banka
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Supplies
Department, Government of Bihar, Old Secretariat, Patna
2. The District Magistrate Banka
3. The Superintendent of Police Banka
4. The In-Charge Officer Law Branch, Banka
5. District Supply Officer Banka
6. Block Development Officer Chandan, Banka
7. Block Supply Officer Katoriya, Banka
8. The Officer-in-Charge Suiya Police Station, Banka
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Prasad Sah @ Baranwal, Adv.
For the Respondent/s : Mr.S. Raza Ahmad (Aag5)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-09-2025
1. The present Writ petition is filed for
the following relief:
For issuance of appropriate writ of mandamus and any other writ/writs, order/orders and direction/directions to the respondent authority to release of foodgrans (40 quintal rice) in favour of the petitioner, which was loaded on a vehicle-Pick-up van bearing Registration No. JH-15- Patna High Court CWJC No.8685 of 2019 dt.22-09-2025
1375, which was seized in connection with Suiya P.S. Case No. 18 fo 2017 dated 8.4.2017 u/s 7 of E.C. Act by the Suiya Police in presence of respondents-authorities which is clear from the FIR itself, being the owner of the foodgrains (21quintal rice).
2. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
3. It is contended by the Learned counsel
for the petitioner that the petitioner had initially
approached this Court by way of CWJC No. 6188 of
2018 seeking quashing of the confiscation
proceedings initiated against him in Case No. 23 of
2017, and this Court was pleased to dispose of the
said Writ petition with a direction to release the
vehicle of the petitioner. It is further contended
that pursuant to the order of this Court, the vehicle
of the petitioner was released, however, the
foodgrains are still lying in the custody of the
respondents. It is also submitted that inspite of
filing the show cause reply to the notice issued by Patna High Court CWJC No.8685 of 2019 dt.22-09-2025
the respondents, the same is still pending,
therefore, prays to direct the respondent
authorities to dispose of his representation.
4. Taking into consideration that the
Confiscation Case No. 23 of 2007 is still pending
before the respondent authority, this Court directs
the respondent No. 2, i.e., the District Magistrate,
Banka, to consider the representation of the
petitioner and pass an appropriate order in
accordance with law, within a period of three
months from the date of receipt of this order.
5. With the aforesaid observations, the
Writ petition stands disposed of.
(G. Anupama Chakravarthy, J) AMANDEEP/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.09.2025 Transmission Date
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