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Patna High CourtCWJC/10662/2021disposed

Ramesh Kumar v. The State Of Bihar

2022-11-15Mr. Justice Sunil Dutta Mishra,Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10662 of 2021 ====================================================== Ramesh Kumar Son of Umanath Singh, Resident of Village- Dayalpur, Police Station- Janta Bazar, District - Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Transport, Govt. of Bihar, Patna. 3.

The District Magistrate, Saran at Chapra.

4.

The District Transport Officer, Saran at Chapra. 5.

The Superintendent Excise Prohibition, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Lalit Kishore (Ag) For the State : Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date : 15-11-2022 Nobody appears on behalf of the petitioner.

2. Mr. Vikash Kumar, learned SC 11 for the State submits that the writ petition may have become infructuous for the reason that whatever amount was deducted has been refunded and credited into the account of the writ petitioner who has been found to the genuine owner of the vehicle from which the contraband liquor was recovered, which at that time had fake registration.

3. It was submitted that counter to this writ has been filed.

Patna High Court CWJC No.10662 of 2021 dt.15-11-2022 2/2 No rejoinder is on record.

4. Under the circumstances, the Court can only presume that the averments made in the counter affidavit, not having been controverted, are correct.

5. In the aforesaid background, the writ petition stands disposed of.

6. Learned counsel for the State undertakes to file the original hard copy of the counter affidavit during the course of the day.

(Ahsanuddin Amanullah, J) ( Sunil Dutta Mishra, J) kamlesh/- AFR/NAFR CAV DATE Uploading Date Transmission Date