Partly allowed

Ramayan Singh v. The State of Bihar

Patna HC13 Oct 2023CWJC/8464/2023

Case brief

AI extract

What is this about?

In two consolidated writ petitions, the Patna High Court held that the State officials were liable for the cost of seizing and keeping a petitioner's vehicle in custody for four years due to the exposure to weather. The Court awarded Rs. 1,00,000 as compensation and disposed of one petition while remanding the other.

What did the court decide?

Award of Rs. 1,00,000 as cost for the seizure and custody of the vehicle to be paid by officials within eight weeks.

Ramayan Singh Vs The State of Bihar — Civil Procedure and Limitation | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8464 of 2023

¶2

======================================================

¶3

Ramayan Singh Son of Late Kamla Singh Resident of Village- Bairia Thakurai, P.S.- Uchkagaon, District- Gopalganj.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

¶7

The District Magistrate, Gopalganj.

¶8

The Superintendent of Police, Gopalganj.

¶9

The Deputy Superintendent of Police, Gopalganj.

¶10

The Officer In-charge Kuchaikote Police Station, District- Gopalganj.

¶11

... ... Respondent/s

¶12

======================================================

¶13

with

¶14

Civil Writ Jurisdiction Case No. 12733 of 2023

¶15

======================================================

¶16

Ram Udgar Chaudhary Son of Musan Chaudhary Resident of VillageShahpur, P.S. Pandaul District-Madhubani

¶17

... ... Petitioner/s

¶18

Versus

¶19

The State of Bihar Bihar

¶20

The Principal Secretary Excise Department Government of Bihar, Old Secretariat Patna.

¶21

The District Magistrate Madhubani.

¶22

The Superintendent of Police Madhubani.

¶23

The S.H.O. Town Police Station, Madhubani.

¶24

... ... Respondent/s

¶25

======================================================

¶26

Appearance : (In Civil Writ Jurisdiction Case No. 8464 of 2023) For the Petitioner/s : Mr. Anirudh Kumar, Advocate Mr. Vyas Kumar Mishra, Advocate For the Respondent/s : Mr. Vivek Prasad, GP 7 Ms. Roona, AC to GP 7 Ms. Manisha Singh, AC to GP 7 Ms. Supragya, AC to GP 7 (In Civil Writ Jurisdiction Case No. 12733 of 2023) For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kr. Yadav For the Respondent/s : Mr. Kumar Manish ( Sc 5 ) ======================================================

¶27

Patna High Court CWJC No.8464 of 2023(5) dt.13-10-2023 2/3

¶28

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

¶29

5 13-10-2023

¶30

CWJC No. 8464 of 2023

¶31

Petitioner’s subject matter of motor vehicle was seized in connection with offences under Bihar Prohibition and Excise Act, 2016 on 08.08.2019. After various proceedings, it was found that there were no recovery, in the result vehicle is stated to have been released on 04.10.2023.

¶32

It is a fit case for imposition of cost/damages on the official respondents in seizing the subject matter of vehicle and keep it in their custody for four years. It is to be noted that seized vehicle was lying in open space and it was exposed to all kind of weather and its depreciation of value has come down for these many years and it was for no default on the part of the petitioner. Cost has been quantified @ Rs. 1,00,000/- (Rupees One Lakh). Cost shall be paid to the petitioner within a period of eight weeks from the date of receipt of copy of this order.

¶33

Accordingly, the writ petition namely CWJC No. 8464 of 2023 stands disposed of in terms of above noted order.

¶34

CWJC No. 12733 of 2023

¶35

Concerned official respondent is hereby directed to file counter affidavit before the next date of hearing. Relist this

¶36

Patna High Court CWJC No.8464 of 2023(5) dt.13-10-2023 3/3

¶37

matter 10.11.2023.

¶38

Registry is hereby directed to de-link CWJC No.

¶39

12733 of 2022 from CWJC No. 8464 of 2023.

¶40

(P. B. Bajanthri, J)

¶41

( Arun Kumar Jha, J)

¶42

GAURAV S./- U

Ramayan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramayan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ved Prakash, Vs The State of Bihar

Satyadeo Prasad Vs The State of Bihar through the Secretary (namely Vivek Kumar Singh)

Usha Srivastava, Vs The State of Bihar

Bharat Sanchar Nigam Ltd. through its Manager, Vs The State of Bihar through the Commissioner of Commercial Taxes

Sangam Prasad @ Budhan Sah Vs The State of Bihar

Ram Kripal Singh Construction Pvt. Ltd. Vs The State of Bihar