Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2128 of 2022 ====================================================== Ram Singh, aged about 43 years, male, S/o Shri Ram Dhan, Resident of 329 Niat (62), Nayat Gaon, P.S. - Gohana, District - Sonipat (Haryana). ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

2.

The Collector-cum-District Magistrate, Madhubani. 3.

The District Supply Officer, Madhubani.

4.

The Block Supply Officer, Pandual, Madhubani. 5.

The Officer In-charge Sakri P.S., District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Singh, Sr. Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 20-04-2022 Heard the learned counsel for the parties.

2. The vehicle of the petitioner was seized pursuant to a criminal case having been lodged against him.

3. When the petitioner came up before this Court for a direction to have the vehicle released in his favour, this Court, by order dated 11.06.2019 passed in

Patna High Court CWJC No.2128 of 2022 dt.20-04-2022 2/3 C.W.J.C. No. 11878 of 2019, directed the Chief Judicial Magistrate, Madhubani to look into the matter and dispose of the application of release of the vehicle of the petitioner, if no confiscation proceeding would have been initiated by then.

4. The Chief Judicial Magistrate, Madhubani found that the confiscation proceeding had already been set afoot by then.

5. The confiscation proceedings have continued for a long time and the counsel for the petitioner has shown to this Court the last of the orders passed in such proceeding which only indicates that because of the busy schedule of the Presiding Officer, no final order has been passed.

6. We cannot countenance such an approach of a quasi-judicial authority, especially in matters relating to the rights of an individual.

7. The learned counsel for the State, however, submits that a final decision shall surely be taken by the authority within a period of next thirty days,

Patna High Court CWJC No.2128 of 2022 dt.20-04-2022 3/3 to be counted from today.

8. The learned counsel for the petitioner as also the State have been asked by this Court to intimate the concerned authority the import of the order passed today with respect to the deadline for deciding the confiscation case.

9. Let the confiscation authority decide the matter within the next thirty days as assured by the learned counsel for the State.

10. Needless to state that any order so passed would be a reasoned one and a copy of such order shall be afforded to the petitioner for him to challenge it, if he is not satisfied.

11. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) (Anjani Kumar Sharan, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.04.2022 Transmission Date N/A