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Patna High CourtMJC/579/2021disposed

Ajit Kumar Jaiswal v. The State Of Bihar

2021-04-07Mr. Justice Shivaji Pandey,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.579 of 2021 In Civil Writ Jurisdiction Case No.8379 of 2019 ====================================================== Ajit Kumar Jaiswal Son of Suresh Prasad Jaiswal, resident of villageRoopganj, P.S.- Sahebganj, P.S.- Town Chhapra, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar.

2.

The District Magistrate- cum-Collector, Siwan 3.

The Assistant Excise Commissioner, Siwan 4.

The Superintendent of Police, Siwan 5.

The Superintendent of Excise Siwan 6.

The Station House Officer, Gudhni, Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 07-04-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. Vide order dated 26.08.2019, the order dated 02.07.2019 was modified to the extent that Saran will be read as Siwan and further this modification application has been filed for modification of the order dated 02.07.2019 with a prayer that the petitioner is resident of Saran district and the vehicle in question was seized in the district of Siwan and the authority of

Patna High Court MJC No.579 of 2021(2) dt.07-04-2021 2/2 Siwan district is not ready to place the property situated in the district of Saran and the petitioner has no property in the district of Siwan.

In such view of the matter, the order dated 02.07.2019 should be modified to the extent that the petitioner should be given liberty to place the property situated in the district of Saran.

Accordingly, the order dated 02.07.2019 is modified to the aforesaid extent.

This modification application is allowed.

(Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U