Ram Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9430 of 2020 ====================================================== Ram Shankar Rai, aged about 65 years (Male), S/o Nuri Rai, Resident of Village- Usari, P.S.- K. Asthan, District- Darbhanga, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2.

The Collector Darbhanga.

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

For the Petitioner/s :

Mr.Anant Kumar 1 For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 15-11-2021 Though the present writ petition has been filed for directing the respondent authorities to release the tractor bearing registration no. BR-07G-5339, Chesis No. 00764437, Engine No. S325E09819 seized in connection with K. Asthan P.S. Case No. 242/2017 registered under Section 7 of the Essential Commodities Act.

It is submitted by the learned counsel for the petitioner that a confiscation case no. 102/2018 is pending consideration before the learned Collector, Darbhanga and despite lapse of so many years, the same has not been disposed of.

Patna High Court CWJC No.9430 of 2020(3) dt.15-11-2021 2/2 We find that there has been an inordinate delay on the part of the Collector, Darbhanga in disposing of the aforesaid confiscation case no. 102/2018, however, the learned State counsel submits that the same shall be disposed of within a period of six weeks from today.

We accordingly direct that the learned Collector, Darbhanga to dispose of the aforesaid confiscation case no. 102/2018 within a period of six weeks from today, failing which the State shall be liable to pay a cost of Rs. 50,000/- to the petitioner and the same would be recoverable from the concerned officials responsible for delay in disposing of the said case.

The writ petition stands disposed of.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Ajay/-Rinki/- U