Ramashankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10179 of 2019 ====================================================== Ramashankar Mahto aged about 31 years (male) son of Ramekwal Mahto, R/o Ward No. 07, Maniyari, P.S. & District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Prohibition & Excise, Govt. of Bihar, Patna.

2.

The District Magistrate, Sitamarhi.

3.

The Superintendent of Excise, Sitamarhi.

4.

The Excise Sub- Inspector, Sitamarhi.

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Respondent/s :

Mr. Vikash Kumar ( SC11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 05-12-2019 Mr. Ashok Kumar Jha, learned counsel for the petitioner seeks permission to withdraw the application filed for direction to the respondent no. 2 to release the Hero Honda Deluxe Motorcycle of the petitioner bearing Engine No. HA11ENH9C05911, Chassis No.

MBLHAR237H9C06096. The relief claimed for by the

Patna High Court CWJC No.10179 of 2019(5) dt.05-12-2019 2/3 petitioner has been stipulated in paragraph no. 1 of the writ petition, which reads as:- "That this writ application is being filed for issuance of a writ in the nature of Mandamus directing the respondent no. 2 to release the Vehicle (Hero Honda Deluxe Motorcycle) bearing Engine No.

HA11ENH9C05911 and Chasis No.

MBLHAR237H9C06096 (wrong noted in seizure memo as MBLHAR237H9L00896) seized in connection with C2-184 of 2018 registered under Sections 30(A) of the Bihar Prohibition & Excise Act (Confiscation Case No. 706 of 2018 Government Vs. Amit Kumar) in favour of the petitioner and further for any other appropriate writ, writs order/ orders direction/ directions for which the petitioner is entitled to in the facts and circumstances of the case."

From the above paragraph, it is not clear that the vehicle has any Registration No. However, since the

Patna High Court CWJC No.10179 of 2019(5) dt.05-12-2019 3/3 petitioner seeks permission to withdraw the application, the writ application accordingly, stands dismissed as withdrawn.

(Dinesh Kumar Singh, J) ( Anil Kumar Sinha, J) praful/- U