Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2558 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 For the Respondent/s :

Mr.Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 05-03-2024 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.36,000/- which has been deposited by the petitioner during the course of public auction against purchasing of Maruti Alto Car bearing Reg. No.DL4CAM-1717 during the course of auction which has been held on 18-04-2022 at the office of Superintendent of Excise, Muzaffarpur under section 58(5) of Bihar Prohibition and Excise Act,2016.

Patna High Court CWJC No.2558 of 2024 dt.05-03-2024 2/3 (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. Petitioner was one of the auction purchaser/bidder in respect of Maruti Alto Car bearing Reg. No.DL4CAM-1717. He was successful bidder on 18.04.2022. Thereafter, the concerned officials were required to complete all other formalities in respect of handing over the vehicle along with the documents within a reasonable period of time say within a week or two. However, the vehicle was not handed over to the petitioner for one year and ten months. It is to be noted that the official respondents have opened their eyes in redressing the grievance of the petitioner only after filing the present petition and notice was ordered. 3.Counter affidavit has been filed on behalf of respondent nos. 2 and 3. In the counter affidavit, it is averred that SHO, Saraiya, Muzaffarpur is responsible in not redressing the grievance of the petitioner.

4. Be that as it may, the petitioner who was auction purchaser was compelled to wait for one year and ten months and presented this petition. Therefore, he is entitled to litigation cost and it is quantified @ Rs. 10,000/-. Cost shall be paid to the

Patna High Court CWJC No.2558 of 2024 dt.05-03-2024 3/3 petitioner within a period of eight weeks from the date of receipt of this order.

5. The concerned official respondents are hereby directed to take necessary action against such of those officials who have caused delay in redressing the grievance of the petitioner and recover the cost from the concerned persons after providing ample opportunity of hearing and so also resorting to Bihar CCA Rules, 2005 or relevant disciplinary rules/regulations governing such officials.

6. With the above observations, present petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) Vashudha/- Shahzad AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA