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Patna High CourtCWJC/17115/2022withdrawn

Amaresh Shahi v. The State Of Bihar

2023-01-04The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17115 of 2022 ====================================================== Amaresh Shahi S/o Late Ram Jee Shahi, At Vill- Belthari, Nechwajalapur, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Mines Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Transport Department, Govt. of Bihar, Patna. 3.

State Transport Commissioner, Transport Department, Govt. of Bihar, Patna Vishweshraiya Bhawan, Bailey Road, Patna.

4.

District Magistrate Cum Collector, Gopalganj Collectoriate Copound, Gopalganj.

5.

District Magistrate Cum Collector, Siwan, At- Collectoriate Compound, Siwan.

6.

District Magistrate Cum Collector, Chapra, At- Collectoriate Compound, Chapra.

7.

Sub-Divisional Magistrate, Gopalganj.

8.

Sub-Divisional Magistrate, Siwan.

9.

Sub-Divisional Magistrate, Chapra.

10.

Circle Officer Cum Mines Officer, Gopalganj P.S.- Gopalganj, DistrictGopalganj. 11.

Circle Officer Cum Mines Officer, Siwan P.S.- Siwan, District- Siwan. 12.

Circle Officer Cum Mines Officer, Khaira, Chapra, P.S.- Khair, DistrictChapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA 7 Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

Patna High Court CWJC No.17115 of 2022(2) dt.04-01-2023 2/3 (Per: HONOURABLE THE CHIEF JUSTICE) 04-01-2023 Petitioner has prayed for the following relief(s):- "This is an application to pass appropriate writ or writs, order or orders and direction or directions in the nature of mandamus directing upon the respondents to not seize the vehicles which are playing with valid papers of Trucks and goods or not charge the excess amount of fine."

After the matter was heard for some time, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies as provided under the Motor Vehicles Act.

Permission granted.

As and when any such action is initiated, the same shall be considered and decided expeditiously and preferable within a period of three months in accordance with law.

We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate proceedings.

Petition stands disposed of in the aforesaid terms.

Patna High Court CWJC No.17115 of 2022(2) dt.04-01-2023 3/3 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini U