In an appeal against a Writ Court's order releasing seized perishable material on security, the High Court held that the Writ Court exercised only its discretionary jurisdiction on that specific fact. The appeal against such discretion was dismissed.
I.A. No.6948 of 2016 allowed and disposed of; Appeal dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1700 of 2016
In
Civil Writ Jurisdiction Case No. 7774 of 2016
======================================================
.... .... Appellant/s
.... .... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr. Ac To Sc5 Deepak Kumar For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
3 25-08-2017 Delay of 65 days in filing the appeal is condoned.
I.A. No.6948 of 2016 is allowed and disposed of.
Keeping in view the fact that the learned Writ Court has only exercised its discretionary jurisdiction in releasing the seized material looking to the perishable nature of the item, on furnishing sufficient security, the appeal against the discretion exercised by the learned Writ Court stands dismissed.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
K.C. jha/-
U
1 issue framed by the court
Whether the discretionary release of seized perishable material by the Writ Court warrants reversal of that order in appeal.
State Of Bihar through the collector, Bhagalpur
Collector, Bhagalpur
Supply inspector, Sabour, Bhagalpur
Block Supply officer, Sabour, Bhagalpur
Chandrashekhar Kumar @ Shekhar Sah
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
