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Patna High CourtCWJC/21704/2019withdrawn

Santlal Ray v. The State Of Bihar

2020-01-14The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21704 of 2019 ====================================================== Santlal Ray Son of Bharosa Ray, resident of Village- Pahiya, P.S.- Garkha, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, Bihar, Patna. 2.

The Collector, Saran.

3.

The Officer-in-Charge, Garkha Police Station, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Tiwary For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-01-2020 The petitioner through the instant petition has prayed for for the following relief:

"(i)A writ in the nature of mandamus or any other appropriate writ, order, or direction the respondents to release the Motorcycle Hero Passion (Pro) bearing its registration No. BR-31W-6272 in favour of the petitioner which was seized in Chapra (Muffasil) P.S. Case No. 151 of 2019 lodged on 20.4.2019 under section 272/273 I.P.C. and 30(a) of Bihar Prohibition and Excise Act, 2016.

(ii) Any other appropriate writ/order or direction which your Lordships may deem fit and proper."

Learned counsel for the petitioner seeks permission to withdraw the present petition to take recourse the remedy of filing appeal under the Bihar Prohibition and Excise Act, 2016.

Patna High Court CWJC No.21704 of 2019(3) dt.14-01-2020 2/2 Permission granted.

As such, in our considered view, no other and further order can be passed in the present petition, save and except which is being passed herein under, on mutually agreeable terms:-

(1) The petitioner shall file an appeal on or before 07.02.2020.

(2) If the appeal is filed within the aforesaid period, the issue of limitation shall not be raised by the State.

(3) The parties undertake to join and fully cooperate in the said proceedings.

(4) It is expected of the authority concerned to decide the said appeal expeditiously and preferably within a period of three months.

(5) All issues left open.

The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U