Patna High CourtCWJC/20538/2014disposed

Urmila Devi v. The State Of Bihar And ORS

2015-11-09Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20538 of 2014 ======================================================

1. Urmila Devi, W/o Late Kishori, Sao Resident of Milki Demu, P.S. - Kadariganj, District - Patna.

2. Bablu Kumar @ Bablu Sao, S/o Late Kishori Sao, Resident of Milki Demu, P.S. - Kadariganj, District - Patna.

.... .... Petitioners

Versus

1. The State of Bihar through District Magistrate, Bhojpur.

2. The Senior A.D.M.-cum-Incharge Legal Cell

3. The Block Supply Officer, Koilwar, Bhojpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Aag12 R.N.Dubey ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and the State.

The petitioner no.1 is mother of petitioner no.2. The petitioners seek release of Pick-Up Van bearing registration no. BR 01GC 4134, which was seized on 26.04.2013 by the Block Supply Officer, Koilwar, Bhojpur giving rise to Koilwar P.S. case no. 71 of 2013 under Sections 420, 409, 120(B)/34 of the Indian Penal Code and Section 7 of Essential Commodities Act and Confiscation Case No. 02 of 2014-15. It is submitted that though the petitioner no.1 is owner of the vehicle and notice was issued under Section 6A of the Essential Commodities Act to petitioner no.2.

Patna High Court CWJC No.20538 of 2014 (4) dt.09-11-2015 2 / 2 This Court vide order dated 31.03.2015 observed that the application for provisional release of the vehicle in Confiscation Case No. 2 of 2014-15 would be duly considered by the District Magistrate-cum-Collector, Bhojpur. The grievance of the petitioners is that even no order has been passed for releasing the vehicle on provisional basis. The writ application is disposed of with a direction that pending final disposal of confiscation proceeding, the vehicle would be released on furnishing adequate security to the satisfaction of District Magistrate-cum-Collector, Bhojpur with the condition that the vehicle would not be disposed of till final disposal of the confiscation proceeding.

(Samarendra Pratap Singh, J.) Uday/- U