Md. Shaukat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20075 of 2018 ====================================================== Md. Shaukat Son of Md. Anul, Resident of Village-Lakhanpur, P.S.-Tarapur, District-Munger.

... ... Petitioner/s

Versus

1. The State of Bihar Through the Principal Secretary, Food & Civil Supply Department, Governmnent of Bihar, Patna.

2. The Collector, Bhagalpur.

3. The Sub-Divisional Officer (S.D.O.), Bhagalpur.

4. The Block Supply Officer, Sultanganj, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2018 The short prayer made by the learned counsel for the petitioner is that the District Administration has seized the vehicle in question i.e. Pick-Up Van bearing Registration No. BR-10J 6126 and thereafter a confiscation proceeding bearing Misc. (EC 6A) Case No. 48 of 2018-19 has been initiated with regard to the seized Pick Up Van, hence the said vehicle be released.

The learned counsel for the respondents has submitted that under Section 6E of the Essential Commodities Act, 1955, there is a provision for filing an application before the Collector for release of the vehicle.

Having considered the rival submissions, this Court is of the view that the petitioner may file an appropriate

Patna High Court CWJC No.20075 of 2018(3) dt.04-12-2018 2/2 application for release of the vehicle under Section 6E of the Essential Commodities Act before the Collector, Bhagalpur and in case such a petition is filed within a period of two weeks from today, the Collector, Bhagalpur shall pass the final order within a period of two weeks thereafter.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U