Uttam Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9509 of 2020 ====================================================== Uttam Kumar, S/o Late Ishwari Singh, R/o Mohalla - Near Patna Dairy Project Fulwari Sharif, P.S. Fulwari Sharif, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Bihar, Patna, New Secretariat, Bailey Road.

2.

The Excise Commissioner, Bihar, Patna, New Secretariat Bihar, Patna. 3.

The Divisional Commissioner, Excise Department, Purnea. 4.

The District Magistrate, Purnea.

5.

The Superintendent of Police, Purnea.

6.

The Station House Officer, Dalkola, Purnea.

7.

The A.S.I. Excise Arm Forces Purnea.

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

For the Petitioner/s :

Mr.Ram Shankar Das, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-02-2021 Petitioner has prayed for the following relief(s): "A. To direct the Respondents authority to release the vehicle private car Skoda Octiva, bearing its registration No. BR01CE0009 having Engine No.CJS094950 and Chesis No.

TMBBDCNE9FA006448 to the petitioner which has been seized in C.I. Case No. 256 of 2019 and pending in the Court of Sub Judge Excise Act, Purnea, in C.I. Case No.256 of 2019, which has been kept in Purnea and seizure list was

Patna High Court CWJC No.9509 of 2020(3) dt.17-02-2021 2/2 prepared on 03.09.2019 by the A.S.I., Purnea. B. Any other relief or reliefs as your Lordships may deem fit and proper in the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to file a fresh petition on the same and subsequent cause of action challenging the orders passed by the confiscatory/appropriate authority vide order dated 13.03.2020 in Excise Case No. 54 of 2020. Prayer allowed.

The petition is dismissed as withdrawn with the aforesaid liberty. Also, as and when the petitioner shall file any such petition, the same shall be listed, subject to removal of all objections, within a period of one week thereafter. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U