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Patna High CourtCWJC/8037/2020dismissed

Sanjay Mandal v. The State Of Bihar

2021-01-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8037 of 2020 ====================================================== Sanjay Mandal, son of Shibu Mandal, Resident of Ward No.- 10, P.O.- Haripur Tinkonma P.S.- Tirkona, Madhepura Bihar 852115. ... ... Petitioner

Versus

1.

The State of Bihar through the Secretary, Food and Civil Supply, Government of Bihar, New Secretariat, Patna.

2.

The District Magistrate, Madhepura.

3.

The Sub Divisional Officer, Udakishunaganj, Madhepura. 4.

The Block Supply Officer, Udakishunaganj, Madhepura. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar Mishra, Advocate For the Respondents-State:

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 22-01-2021 This writ application under Article 226 of the Constitution of India has been filed by the petitioner for release of his vehicle bearing Registration No. BR-11-GB-0317 seized in connection with Gwalpada Madhepura P.S. Case No.71 of 2020 registered under Section 7 of the Essential Commodities Act.

2.

Learned counsel for the State has brought to the notice of the Court that a confiscation proceeding in respect of the vehicle in question has already been initiated during the pendency of the writ petition.

3.

The aforesaid contention of the learned counsel for

Patna High Court CWJC No.8037 of 2020 dt.22-01-2021 2/2 the State has not been disputed by the learned counsel for the petitioner.

4.

In view of the fact that a confiscation proceeding has already been initiated in respect of the vehicle in question, I am not inclined to entertain the present application in extraordinary writ jurisdiction under Article 226 of the Constitution of India.

5.

Accordingly, the writ petition is dismissed with liberty to the petitioner to agitate his grievance before the statutory authority in accordance with law.

(Ashwani Kumar Singh, J.) sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.01.2021 Transmission Date NA