Disposed

Yogendra Kumar Dube v. The State of Bihar

Patna HC8 Apr 2022CWJC/2252/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by Yogendra Kumar Dube challenging vehicle recovery. The Court granted liberty to file an appeal or revision against the impugned order, restricted coercive repossession steps during its pendency, and allowed keeping the vehicle upon partial penalty payment.

What did the court decide?

Liberty to file appeal/revision; no coercive steps during pendency; liberty to keep vehicle upon payment of 50% penalty.

Yogendra Kumar Dube Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.2252 of 2022

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Yogendra Kumar Dube, Son of Bachcha Dube, R/o Village-Ward No.1 Ghevarahi Daundaha, P.S.-Dhanaha, District-West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna

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The Excise Commissioner, Bihar, Patna.

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The The Collector-Cum-District Magistrate, West Champaran at Bettiah.

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The Additional District Magistrate, West Champaran at Bettiah.

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The Superintendent of Excise, West Champaran at Bettiah.

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The Superintendent of Police, West Champaran at Bettiah.

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The Officer-in-Charge, West Champaran at Bettiah.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Respondent/s : Mr.Vikash Kumar (Sc11) ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

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ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE S. KUMAR)

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(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

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Date : 08-04-2022

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Heard learned counsel for the parties.

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Petitioner has prayed for following reliefs:-

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Patna High Court CWJC No.2252 of 2022 dt.08-04-2022

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2/4

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Patna High Court CWJC No.2252 of 2022 dt.08-04-2022 3/4

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Petitioner has approached this Court without availing the statutory remedy of appeal/revision against the impugned order, as such, liberty is granted to petitioner to file appeal/ revision against the impugned order before the

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Patna High Court CWJC No.2252 of 2022 dt.08-04-2022 4/4

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Appellate/Revisional Authority and if any such appeal/Revision is filed within 4 weeks, then Appellate/Revisional Authority shall decide the appeal/revision petition preferably within 8 weeks from the date of its filing on its own merit.

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During pendency of appeal/revision petition, no coercive steps to be taken for re-possession of the vehicle.

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Petitioner shall also have liberty to keep his vehicle which has already been provisionally released in his favour by paying 50% penalty of the value of the vehicle, as determined by D.T.O. in view of Rule 12(A) of the Motor Vehicle Amendment Rules, 2021.

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The writ petition is disposed of in the aforesaid terms.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Sanjay/-
AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	08.04.2022
Transmission Date	NA

Yogendra Kumar Dube v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Yogendra Kumar Dube v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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