Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2330 of 2024 ====================================================== Amit Kumar Singh s/o Sri Dhurandhar Prasad Singh, R/o Village-Rahul Nagar Brahmpura, Post-M.I.T. Brahmpura, P.S.-Brahmpura, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Bihar Prohibition and Excise Department, Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The Superintendent of Excise, Muzaffarpur.

4.

The Superintendent of Police, Muzaffarpur.

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

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Respondent/s :

Mr.Standing Counsel 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 01-04-2024 In the instant petition, petitioner has prayed for the following relief(s):- (i) To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding the respondents to make the payment of Excise Auction security money amounting to Rs.

18,500/- which has been deposited by the petitioner during the course of public auction against purchasing of motorcycle bearing Reg. No. BR06BE-7615 during the course of auction which has been held on 18-04-2022 at the office

Patna High Court CWJC No.2330 of 2024 dt.01-04-2024 2/3 of Superintendent of Excise, Muzaffarpur under section 58(5) of Bihar Prohibition and Excise Act, 2016.

(ii) To direct the respondent to make the payment of 18% interest on the abovementioned dues to the petitioner on account of delay and latches on the part of respondents.

(iii) Any other relief/s to which the petitioner is entitled in the facts and circumstances of the case.

2. Matter was heard from time to time. On 28.03.2024 the following order was passed:- None appears for the petitioner.

2. Petitioner is hereby directed to approach Mr. Arvind Paswan, S.H.O within two days. The S.H.O. shall deliver the motor vehicle while taking photograph of the petitioner and one or two witnesses supporting handing over the subject matter of the motor vehicle in favour of the petitioner, failing which Mr. Arvind Paswan, S.H.O. is liable to pay cost of Rs. 5,000/- to High Court Legal Services Authority.

3. Re-list this matter on 01.04.2024.

Patna High Court CWJC No.2330 of 2024 dt.01-04-2024 3/3

3. Today, learned counsels for the respective parties on instruction submitted that grievance of the petitioner has been redressed.

4. Prima facie petitioner has been unnecessarily harassed and dragged to this court in filing petition. Therefore, respondents are hereby directed to pay litigation cost and it is quantified at Rs. 5,000/- (Rupees five thousand). Cost shall be paid to the petitioner within a period of eight weeks from today.

5. In the result, the present petition do not survive for consideration. Accordingly, the petition stands disposed of as it has become infructuous as on today. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.04.2024.

Transmission Date N.A.