Birendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12033 of 2022 ====================================================== Birendra Singh Son of Motilal Singh Resident of Village-Kurusa, P.S.-Dinara, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.
The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.
3.
The District Magistrate-Cum-Confiscating Authority, Rohtas at Sasaram. 4.
The Superintendent of Excise, Rohtas at Sasaram. 5.
The S.H.O., Dinara Police, Rohtas.
... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad, Adv For the Respondent/s :
Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 02-09-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
2/4 Learned counsel for the petitioner submits that the motorcycle of the petitioner was seized in excise case and for release of the same petitioner made surety as Kamla Kant Pandey who submitted his land paper of Khatiyan No. 20 of
3/4 Mauza-Kurusa which is in the name of Jai Govind Panday, Ram Chandra Panday and Ram Dahin Panday, all sons of Budhu Panday as equal shares in aforesaid khata, the total land is 10.35 acres and the said Kamla Kant Panday has share of only 0.419 decimals which is mentioned in the surety bond. Learned counsel for the petitioner further submits that one of the cosharer of Khata No. 20 wants to sell his property, but the District Magistrate, Rohtas at Sasaram has attached the entire land of the aforesaid Khata No. 20, whereas the petitioner has submitted his share as 0.49 decimal regarding the surety bond before him as guarantor regarding release of his motorcycle.
Now, petitioner wants to change the surety bond in place of Kamla Kant Panday, and as they are facing difficulty in selling the land and he is ready to submit his motorcycle before the confiscating authority to follow the order of this Court. In this regard he has made representation before the District Magistrate, Rohtas at Sasaram which is annexed as Annexure-5, but the same representation has not been disposed of by the concerned District Magistrate.
4/4 three months from the date of receipt/production of a copy of the order passed by this Court.
Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action;
We have not expressed any opinion on merits. All issues are left open;
Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA