Radheshyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.303 of 2026 ====================================================== Radheshyam Mandal, Son of Gaurishankar Mandal, Resident of VillageRanna, Police Station-Shivajinagar, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through The District Magistrate cum District Election Officer, Samastipur, Bihar.

2.

The Sub Divisional Police Officer, Government of Bihar, Samastipur. 3.

The Block Development Officer, Shivajinagar, Government of Bihar, Samastipur.

4.

The Superintendent of Police, Samastipur, Bihar. 5.

The Station House Officer, Shivajinagar Police Station, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratik, Adv.

For the Respondent/s :

Mr.Standing Counsel (26) Mr. Divit Vinod, AC to SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-05-2026 Heard learned counsel for the parties.

2. The present writ petition has been filed for the following relief(s):- "i) To issue an appropriate writ, order or direction in the nature of mandamus commanding the concerned Respondent to release the BOLERO PIK-UP of the Petitioner bearing Registration No. BR01GK7448, Chasis No. MAIZU2TNKM1F50144, Engine No.- TNM1F67578, Model BOLERO PIK-UP FB PS 1.7T XL, which has been illegally and unauthorisedly seized by the Respondent No. 3, on 02.11.2025, on the false pretext of election

2/4 duty.

ii) To issue an appropriate writ, order or direction in the nature of mandamus directing the Respondents to make good the loss and provide adequate compensation for the losses suffered by petitioner on account of illegal seizure of the aforesaid BOLERO PIK-UP of the Petitioner.

iii) To issue an order or direction to the Respondents to pay the cost of litigation incurred in filing of the present writ application to the Petitioner.

iv) To grant any other relief or reliefs which the Petitioner may be found entitled to, in the facts and circumstances of the case."

3. In the counter affidavit filed by the Respondent Nos. 1 and 3, at para 08 it is specifically stated as under:- "8. That with regard to the averment as made in para no. 5 of the C.W.J.C respondent no.

3.i.e. B.D.O Shivaji Nagar has not seized the vehicle BOLERO PIK-UP of the petitioner, during the acquision of vehicle for Bihar Assembly Election 2025 the Vehicle of writ petitioner was stopped but due to non cooperation of the driver of the said vehicle, who left the said vehicle in side of Shivaji Nagar Baheri Road and went away So the said vehicle could not requisitioned, seized and

3/4 used in duty of Bihar Assembly Election, 2025 by the authorities.

It is pertinent to mention here that respondent no. 3 I.e B.D.O. Shivaji Nagar informed to the owner of the vehicle (Writ Petitioner) through the vicinity of local people to take his vehicle. Not but could not taken any step so that yet the Vehicle is still lying at this spot.

As a mater of fact, there is no seizure of the Vehicle is lying unclaimed on the road side which may cause trouble to the commuters and is also a safety risk of the vehicle in this regard vide letter no. 59 dtd. 19/1/2026 issued by the answering Respondent no. 3 i.e. B.D.O Shivaji Nagar informed through his letter to the writ petitioner in this regard and one copy in this regard also sent to the S.H.O Shivaji Nagar to communicate this notice through" Chaukidaar" vide letter no. 60 dtd. 19/1/2026 and S.H.O Shivaji Nagar served the letter to the writ petition and has communicated to the answering Respondent No3.

A Photostat copy of Letter Issued by answering Respondent no.3 I.e.

B.D.O Shivaji Nagar Vide Letter no. 59 dtd 19/1/2026 and Letter No. 60 dtd. 19/1/2026 and Photostat copy of Letter No.

4/4 69/2026 dtd 27/1/2026 issued by the S.H.O Shivajinagar to the Respondent No.3 along with Tamila Report, Which was served B.D.O Shivaji Nagar vide letter No. up on the writ Petitioner are being annexed as Annexure-R/A, R/B & R/C to this counter affidavit."

4. Having regard to the above made averments, there is absolutely no need to pass any order at this stage. The petitioner is free to take back his vehicles as and when he so wishes.

5. With the above observation, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U