Disposed

Digambar Yadav v. The State of Bihar and Ors.

Patna HC15 Jul 2019CWJC/4382/2019

Case brief

AI extract

What is this about?

The Court disposed of this writ application by applying the relief granted in a prior order (C.W.J.C. No. 19520 of 2018), directing the competent statutory authority to decide the pending confiscation proceedings within stipulated timelines.

What did the court decide?

Directed the competent authority to consider the petitioner's application for release of seized rice within 30 days of filing;

Digambar Yadav Vs The State of Bihar and Ors. — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 4382 of 2019

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Digambar Yadav son of Late Tanuk Lal Yadav, resident of Village-Nima, P.SBheja, District- Madhubani.

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... ... Petitioner

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Versus

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The State of Bihar through Principal Secretary food Supply and Consumer Protection Department, Govt.of Bihar, Patna

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The District Magistrate, Madhubani

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The Addl. Collector Madhubani

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The Superintendent of Police Madhubani

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The Sub-Divisional Officer, Janjharpur, Madhubani

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The Block Supply Officer, Madhepur, Madhubani

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The S.H.O Bheja Police Station Jhanjharpur,Madhubani

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... ... Respondents

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Appearance : For the Petitioner/s : Mr.D.N. Tewari, Advocate Mr.Gagan Deo Yadav, Advocate For the Respondent/s : Mr. JC to Arvind Ujjwal ( Sc4 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 15-07-2019

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After some argument, learned counsel for the petitioner submits that this writ application may also be disposed off in terms of the order dated 29.04.2019 passed in C.W.J.C. No. 19520 of 2018. The relevant part of the said order is quoted hereunder for a ready reference :-

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“In the given facts and circumstances of the case, this Court grants liberty to the petitioner to file an appropriate application before the Collector, Banka within a period of 15 days from today and on such application being filed, the Collector, Banka shall positively consider the same within a period of 30 days

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Patna High Court CWJC No. 4382 of 2019(2) dt.15-07-2019 2/3

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from the date of filing of the application and shall dispose of by a reasoned order keeping in mind the submissions of the parties that the food-grains in question is rice which is not a controlled item after the notification dated 15^th February, 2002 and that the foodgrains were seized on mere suspicion which has not been substantiated till date in course of investigation.

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This order is being passed by this Court keeping in mind that in some of the cases, the Court has directed for release of the foodgrains in exercise of its power under Article 226 of the Constitution of India, but now finding that such cases are cropping up and being directly filed in this Court without seeking statutory remedy before the Collector who is competent to take a decision with regard to release of the foodgrains, this Court has changed its view.

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Let the statutory authority exercise his power and pass an appropriate order. It is, however, made clear that in case because of the inaction of the State authority the application is not disposed of within the aforesaid period, the petitioner will be at liberty to move this Court.

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Till disposal of the application for release, the foodgrains if not already sold shall not be sold provided the petitioner submits his application within the time prescribed. The application stands disposed off accordingly.”

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In the present case since the confiscation proceeding is

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pending before the District Magistrate, Madhubani, the order dated 29.04.2019 passed in C.W.J.C. No. 19520 of 2018 shall be read as if the directions issued in the said writ application would

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Patna High Court CWJC No. 4382 of 2019(2) dt.15-07-2019 3/3

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equally apply to the respondent no. 2 in the present case.

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This writ application stands disposed off accordingly.

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(Rajeev Ranjan Prasad, J)

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ved/vats

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Digambar Yadav v. The State of Bihar and Ors.

Case brief

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Digambar Yadav v. The State of Bihar and Ors.

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