Disposed¶26

Amit Kumar Singh v. The State of Bihar

Patna HC5 Mar 2024CWJC/2558/2024

Case brief

AI extract

What is this about?

Patna High Court writ (CWJC 2558/2024, decided 05-03-2024): delay of one year and ten months in delivering vehicle purchased at excise public auction under Section 58(5), Bihar Prohibition and Excise Act, 2016; auction security money of Rs. 36,000/-; litigation costs of Rs. 10,000/- awarded; recovery of cost from erring officials after hearing under Bihar CCA Rules, 2005; departmental accountability for administrative delay; petition disposed of.

What did the court decide?

Litigation cost of Rs. 10,000/- awarded to the petitioner, payable within eight weeks of receipt of the order; official respondents directed to take action against the officials responsible for the delay and to recover the cost from them after due hearing in accordance with the Bihar CCA Rules, 2005 or applicable disciplinary rules/regulations. ¶26

Amit Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to payment/refund of the Excise Auction security money of Rs.36,000/- deposited at the public auction held on 18-04-2022 under section 58(5) of the Bihar Prohibition and Excise Act, 2016 for purchase of the Maruti Alto Car (Reg. No. DL4CAM-1717). +2 more

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Ratio / Principle

The petitioner, an auction purchaser who was compelled to wait for one year and ten months before presenting the petition, is entitled to litigation cost, quantified at Rs. 10,000/-, payable to him within a period of eight weeks from receipt of the order.

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Key takeaways

The concerned official respondents are directed to take necessary action against such of those officials who caused the delay in redressing the petitioner's grievance and to recover the litigation cost from the concerned persons, after providing ample opportunity of hearing and resorting to the Bihar CCA Rules, 2005 or relevant disciplinary rules/regulations governing such officials.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (P. B. Bajanthri and Alok Kumar Pandey, JJ.; oral judgment by P. B. Bajanthri, J.), CWJC No. 2558 of 2024, decided 05-03-2024: The petitioner, successful auction purchaser at a public auction held on 18-04-2022 at the office of the Superintendent of Excise, Muzaffarpur under section 58(5) of the Bihar Prohibition and Excise Act, 2016, for a Maruti Alto Car (Reg. No. DL4CAM-1717) against which he had deposited Rs. 36,000/- as auction security money, was not handed over the vehicle for one year and ten months. The Court, noting that the respondents acted only after notice in the present petition, held the petitioner entitled to litigation costs of Rs. 10,000/- payable within eight weeks, and directed the official respondents to initiate action against the officials responsible for the delay and to recover the cost from them after affording ample opportunity of hearing under the Bihar CCA Rules, 2005 or relevant disciplinary rules/regulations. Petition disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2558 of 2024

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

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Amit Kumar Singh S/o Sri Dhurandhar Prasad Singh, R/o Village- Rahul Nagar Brahmpura, Post- M.I.T. Brahmpura, P.S.- Brahmpura, DistrictMuzaffarpur.

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Muzaffarpur.

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The Superintendent of Excise, Muzaffarpur.

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The Superintendent of Police, Muzaffarpur.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar For the Respondent/s : Mr.Government Pleader (27) ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 05-03-2024

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In the instant petition, petitioner has prayed for the

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following relief(s):-

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(i) To issue an appropriate order/s,direction/s including a writ preferably in nature of Mandamus commanding the respondents to make the payment of Excise Auction security money amounting to Rs.36,000/- which has been deposited by the petitioner during the course of public auction against purchasing of Maruti Alto Car bearing Reg. No.DL4CAM-1717 during the course of auction which has been held on 18-04-2022 at the office of Superintendent of Excise, Muzaffarpur under section 58(5) of Bihar Prohibition and Excise Act,2016.

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Patna High Court CWJC No.2558 of 2024 dt.05-03-2024 2/3

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(ii) To direct the respondent to make the payment of 18% interest on the abovementioned dues to the petitioner on account of delay and latches on the part of respondents

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(iii) Any other relief/s to which the petitioner is entitled in the facts and circumstances of the case.

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Petitioner was one of the auction purchaser/bidder in

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respect of Maruti Alto Car bearing Reg. No.DL4CAM-1717. He was successful bidder on 18.04.2022. Thereafter, the concerned officials were required to complete all other formalities in respect of handing over the vehicle along with the documents within a reasonable period of time say within a week or two. However, the vehicle was not handed over to the petitioner for one year and ten months. It is to be noted that the official respondents have opened their eyes in redressing the grievance of the petitioner only after filing the present petition and notice was ordered.

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3.Counter affidavit has been filed on behalf of respondent nos. 2 and 3. In the counter affidavit, it is averred that SHO, Saraiya, Muzaffarpur is responsible in not redressing the grievance of the petitioner.

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Be that as it may, the petitioner who was auction purchaser was compelled to wait for one year and ten months and presented this petition. Therefore, he is entitled to litigation cost and it is quantified @ Rs. 10,000/-. Cost shall be paid to the

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Patna High Court CWJC No.2558 of 2024 dt.05-03-2024 3/3

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petitioner within a period of eight weeks from the date of receipt of this order.

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The concerned official respondents are hereby directed to take necessary action against such of those officials who have caused delay in redressing the grievance of the petitioner and recover the cost from the concerned persons after providing ample opportunity of hearing and so also resorting to Bihar CCA Rules, 2005 or relevant disciplinary rules/regulations governing such officials.

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With the above observations, present petition stands disposed of.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)

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Vashudha/Shahzad

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Amit Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amit Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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