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Patna High CourtCWJC/25857/2019disposed

Guddu Kumar @ Ajay Raj v. The State Of Bihar

2020-02-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25857 of 2019 ====================================================== Guddu Kumar @ Ajay Raj Son of Ram Chandra Sah @ Ram Chander, Resident of Village- Barkagao, P.S. Pakaridayal, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Senior Superintendent of Police, East Champaran, Motihari. 3.

The District Transport Officer, Motihari.

4.

The Office-in-charge of Motihari Town Police Station, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Respondent/s :

Mr.Chitranjan Sinha (Paag2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2020 Heard the learned counsel for the petitioner and the learned counsel for the State.

The present writ petition has been filed seeking following reliefs :- "(I) For issuance of an appropriate writ in the nature of MANDAMUS directing to the respondents to release the Hero Passion Pro. Motorcycle bearing Chasis No. MBLHA10A6EHDO2352 Engine No.

HA10ENEHD45341 which has been seized by Town P.S since it was being driven without registration number.

(II) for issuance of appropriate writ directing the respondents to release vehicle after receiving fine under Act for driving motorcycle without registration number and also direct them to register the vehicle under the Act after receiving value for registration."

Patna High Court CWJC No.25857 of 2019(2) dt.14-02-2020 2/2 The learned counsel for the petitioner submits that the petitioner would be approaching the respondent No. 3 i.e. The District Transport Officer, Motihari for release of his vehicle upon payment of appropriate fine hence, he be directed to consider the case of the petitioner in a time bound manner.

The learned counsel for the State has got no objection to the aforesaid request of the petitioner. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to approach the respondent No. 3 i.e. The District Transport Officer, Motihari for release of his vehicle on payment of fine and in case such application is filed by the petitioner, the same shall be considered and disposed of in accordance with law within a period of two weeks from the date of filing of such representation.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/karanU