Ramayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8464 of 2023 ====================================================== Ramayan Singh Son of Late Kamla Singh Resident of Village- Bairia Thakurai, P.S.- Uchkagaon, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Deputy Superintendent of Police, Gopalganj. 5.

The Officer In-charge Kuchaikote Police Station, District- Gopalganj. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 12733 of 2023 ====================================================== Ram Udgar Chaudhary Son of Musan Chaudhary Resident of VillageShahpur, P.S. Pandaul District-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary Excise Department Government of Bihar, Old Secretariat Patna.

3.

The District Magistrate Madhubani.

4.

The Superintendent of Police Madhubani.

5.

The S.H.O. Town Police Station, Madhubani.

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

(In Civil Writ Jurisdiction Case No. 8464 of 2023) For the Petitioner/s :

Mr. Anirudh Kumar, Advocate Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP 7 Ms. Roona, AC to GP 7 Ms. Manisha Singh, AC to GP 7 Ms. Supragya, AC to GP 7 (In Civil Writ Jurisdiction Case No. 12733 of 2023) For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kr. Yadav For the Respondent/s :

Mr. Kumar Manish ( Sc 5 ) ======================================================

Patna High Court CWJC No.8464 of 2023(5) dt.13-10-2023 2/3 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 13-10-2023 CWJC No. 8464 of 2023 Petitioner's subject matter of motor vehicle was seized in connection with offences under Bihar Prohibition and Excise Act, 2016 on 08.08.2019. After various proceedings, it was found that there were no recovery, in the result vehicle is stated to have been released on 04.10.2023.

2. It is a fit case for imposition of cost/damages on the official respondents in seizing the subject matter of vehicle and keep it in their custody for four years. It is to be noted that seized vehicle was lying in open space and it was exposed to all kind of weather and its depreciation of value has come down for these many years and it was for no default on the part of the petitioner. Cost has been quantified @ Rs. 1,00,000/- (Rupees One Lakh). Cost shall be paid to the petitioner within a period of eight weeks from the date of receipt of copy of this order.

3. Accordingly, the writ petition namely CWJC No. 8464 of 2023 stands disposed of in terms of above noted order. CWJC No. 12733 of 2023

4. Concerned official respondent is hereby directed to file counter affidavit before the next date of hearing. Relist this

Patna High Court CWJC No.8464 of 2023(5) dt.13-10-2023 3/3 matter 10.11.2023.

5. Registry is hereby directed to de-link CWJC No. 12733 of 2022 from CWJC No. 8464 of 2023.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./- U