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Patna High CourtCWJC/20798/2019disposed

Paras Nath Thakur v. The State Of Bihar

2021-03-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20798 of 2019 ====================================================== Paras Nath Thakur S/o Late Chulaiya Thakur Resident of Village- Kushaiya, P.S.- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Darbhanga Division, Darbhanga.

2.

The Collector/District Magistrate, Samastipur. 3.

The District Agriculture Officer, Samastipur. 4.

The Incharge Officer, District Legal Section, Samastipur. 5.

The Block Agriculture Officer, Warisnagar, Samastipur. 6.

The Officer-in-Charge-cum-S.H.O., Warisnagar, Samastipur. 7.

The Investigation Officer (S.I.) Warisnagar Police Station under DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar For the Respondent/s :

Mr.Manish Kumar ( Gp4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2021 The present writ petition has been filed for quashing the order dated 14.06.2019 passed in Confiscation Case No. 470 of 2018 whereby and whereunder the Mahindra Bolero Pick-up Van of the petitioner has been confiscated.

At the outset, the learned counsel for the petitioner submits that the petitioner would avail the alternative remedy of appeal as provided under Section 6-C of the Essential Commodities Act, 1955.

Patna High Court CWJC No.20798 of 2019(4) dt.04-03-2021 2/2 The learned counsel for the RespondentState has also got no objection. The present writ petition stands disposed of with liberty to the petitioner to file appeal before the appellate authority against the order dated 14.06.2019 within a period of two weeks from today and in case, such an appeal is filed, the appellate authority shall pass appropriate orders on merits of the case, in accordance with law, without being impeded by the issue of limitation, within a period of four weeks, thereafter.

(Mohit Kumar Shah, J) Ajay/- U