Pramod Barnwal @ Pramod Varnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8685 of 2019 ====================================================== Pramod Barnwal @ Pramod Varnwal S/o Radhe Modi Permanent R/o VillageLal Pur Tola, Banka, presently residing at Village-Suiya, P.S.-Suiya, DistrictBanka ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Supplies Department, Government of Bihar, Old Secretariat, Patna 2.

The District Magistrate Banka 3.

The Superintendent of Police Banka 4.

The In-Charge Officer Law Branch, Banka 5.

District Supply Officer Banka 6.

Block Development Officer Chandan, Banka 7.

Block Supply Officer Katoriya, Banka 8.

The Officer-in-Charge Suiya Police Station, Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 22-09-2025

1. The present Writ petition is filed for the following relief:

For issuance of appropriate writ of mandamus and any other writ/writs, order/orders and direction/directions to the respondent authority to release of foodgrans (40 quintal rice) in favour of the petitioner, which was loaded on a vehicle-Pick-up van bearing Registration No. JH-15-

Patna High Court CWJC No.8685 of 2019 dt.22-09-2025 2/3 1375, which was seized in connection with Suiya P.S. Case No. 18 fo 2017 dated 8.4.2017 u/s 7 of E.C. Act by the Suiya Police in presence of respondents-authorities which is clear from the FIR itself, being the owner of the foodgrains (21quintal rice).

2. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

3. It is contended by the Learned counsel for the petitioner that the petitioner had initially approached this Court by way of CWJC No. 6188 of 2018 seeking quashing of the confiscation proceedings initiated against him in Case No. 23 of 2017, and this Court was pleased to dispose of the said Writ petition with a direction to release the vehicle of the petitioner. It is further contended that pursuant to the order of this Court, the vehicle of the petitioner was released, however, the foodgrains are still lying in the custody of the respondents. It is also submitted that inspite of filing the show cause reply to the notice issued by

Patna High Court CWJC No.8685 of 2019 dt.22-09-2025 3/3 the respondents, the same is still pending, therefore, prays to direct the respondent authorities to dispose of his representation.

4. Taking into consideration that the Confiscation Case No. 23 of 2007 is still pending before the respondent authority, this Court directs the respondent No. 2, i.e., the District Magistrate, Banka, to consider the representation of the petitioner and pass an appropriate order in accordance with law, within a period of three months from the date of receipt of this order.

5. With the aforesaid observations, the Writ petition stands disposed of.

(G. Anupama Chakravarthy, J) AMANDEEP/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.09.2025 Transmission Date