Patna High CourtCWJC/9042/2014disposed

Braj Nandan Prasad v. The State Of Bihar And ORS

2016-02-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9042 of 2014 ====================================================== Braj Nandan Prasad son of Baleshwar Mahto resident of Aditya Vikash Flat No. 302(A) Budha Marg, Patna Permanent r/o village Bajitpur, P.S. Kaukoul District- Nawada .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna

2. The State Election Commission through its Commissioner, Bihar, Patna

3. The Deputy Election Commissioner, State Election Commission, Bihar, Patna

4. The District Magistrate cum District Election Officer Patna Distt. Patna

5. The Nodal Officer cum Assistant Nodal Officer Vehicle Cell, Patna Distt. Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Kamaluddin For the Respondent/s : Mr. Nirbhay K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for release of the Bolero vehicle No. BR 01 PB 0252, Chassis No. 92177904, Engine No. KC 94127981 of the petitioner which is a private vehicle of the petitioner, but the respondents have seized the same for election purposes.

3. Learned counsel for the petitioner at the very outset accepts that the vehicle in question has since been released on 16.05.2014 during the pendency of the present writ petition. It is

Patna High Court CWJC No.9042 of 2014 (2) dt.08-02-2016 however submitted that the petitioner is entitled to compensation in respect of the illegal seizure of his private vehicle.

4. Considering that the vehicle in question has already released in favour of the petitioner, the writ petition has become infructuous and is disposed as such, granting liberty to the petitioner to approach such appropriate forum as may be available to him in connection with claim for compensation in accordance with law.

(Vikash Jain, J) Chandran U