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Patna High CourtCWJC/16824/2023withdrawn

M/S Shree Construction v. The State Of Bihar

2024-04-25Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16824 of 2023 ====================================================== M/s Shree Construction, C/o Ram Sakha Chaudhary, Village and Post- BarriBehta, P.S.- Pupri, District- Sitamarhi- 843319. Represented through Mr. Naveen Kumar (male), aged about 43 years, Son of Late Shashi Kumar Roy, Resident of Village- Kailashpuri, Ward No. 45, (Old no. 10), P.S.- Dumra, District- Sitamarhi- 843301.

... ... Petitioner/s

Versus

1.

The State of Bihar through Mines Commissioner, Department of Mines and Geology, Vikash Bhawan, New Secretariat, Patna. 2.

The Mines Commissioner, Department of Mines and Geology, Vikash Bhawan, New Secretariat, Patna.

3.

The Mineral Development Officer, Sitamarhi.

4.

The District Magistrate-cum-Collector, Sitamarhi. 5.

The SHO, Dumra Police Station, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Kumar, Advocate.

For the Respondent/s :

Mr.Gyan Prakash Ojha (Ga7) For the Mines :

Mr. Brij Bihari Tiwary, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-04-2024 Heard Mr. Prakash Kumar, learned counsel appearing on behalf of the petitioner; Mr. Gyan Prakash Ojha, learned GA7 for the State and Mr. Brij Bihari Tiwary, learned counsel for the Mines Department.

2. Learned counsel appearing on behalf of the petitioner submits that the seizure list dated 18.04.2022, as it would appear from Annexure 'R/A' & 'A' annexed to the counter affidavit, was not handed over to the petitioner in respect of seized Vehicle Nos. BR 01 GB 9720 and BR 01 GB

Patna High Court CWJC No.16824 of 2023(4) dt.25-04-2024 2/2 9721 and as such, the petitioner has not been able to challenge the same in the present writ petition and seeks to withdraw the present writ petition reserving his right to challenge the seizure dated 18.04.2022 in respect of the Trucks bearing Registration Nos. BR 1 GB 9720 and BR 01 GB 9721.

3. Considering the limited relief as sought for by the petitioner, the present writ petition is dismissed as withdrawn with aforesaid liberty.

(Purnendu Singh, J) mantreshwar/- U