Hareram Prasad And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10505 of 2017 ====================================================== 1.

Hareram Prasad and Anr 2.

Govind Prasad Both S/o Late Chandeshwar Prasad All resident of village - Manpur, P.S. Jalalpur, District - Saran at Chapra. ... ... Petitioner

Versus

1.

The State Of Bihar and Ors 2.

The Collector, Saran at Chapra.

3.

The S.D.O. Saran at Chapra.

4.

The District Supply Officer, Saran, Chapra.

5.

The Block Supply Officer, Jalalpur, District - Saran, Chapra. 6.

Janardan Singh son of late Rameshwar Singh Resident of Village - Maksudpur, P.S. Jalalpur, District - Saran Chapra. ... ... Respondent ====================================================== Appearance :

For the Petitioner :

Mr. Satyendra Kumar Singh, Adv.

Mr. Hari Shankar Roy, Adv.

For the State :

Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-03-2023 The petitioner by way of this writ petition has prayed as under:- (I) For issuance of an appropriate writ order direction to the respondents to release the seized food grains from the possession of petitioners in connection of Jalalpur P.S. Case No. 57/2012 u/s. 7 of Essential Commodities Act for which confiscation case No. 21/2012 was initiated before learned Collector Saran at Chapra. But the petitioners have been acquitted in Tr. No. 2087/2013, arising out of Jalalpur P.S. Case No. 57/2012, G.R. No. 2319/2012 as the learned trial

Patna High Court CWJC No. 10505 of 2017(2) dt.18-03-2023 2/2 Court found no evidence with respect to commission of the offence u/s. 7 of E.C. act by petitioners. (ii) For issuance of an appropriate writ, order, direction to grant compensation for the loss caused to the petitioners due to their illegal actions and for not releasing the same for such a long period though petitioners, became entitled to release the seized Article in favour of petitioners the subject matter of confiscation case No. 21/2012.

(iii) For issuance of an appropriate writ, order direction to grant any other relief or reliefs for which the petitioners are found entitled.

After some argument, learned counsel prays to withdraw this writ petition with liberty to file an appropriate application before the concerned court under Section 457 Cr.P.C.

Granting liberty, the present writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 38 U