Petitioner filed writ petition for return of seized motorcycle. Court held petition premature as demand not made to authority. Directed authority to decide application under evacuation rules within three weeks if filed.
Directed authority to decide application under Rule 12(A) within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3675 of 2024
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Dipak Kumar Son of Budhu Resident of Village- Nuniya Patti, Salemgarh, P.S.- Salemgarh, District- Kushinagar (Uttar Pradesh).
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate For the Respondent/s : Mr.K.K.Singh, A.C. to G.P. 22
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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)
Date : 27-02-2024
In the instant petition, petitioner has prayed
for the following relief(s):-
(I) For a Direction upon the Respondents, particularly Respondent No. 3 to 5 Release the Bajaj Pulsar Motor Cycle bearing Reg. No. UP-57BH-6596, Chassis
Patna High Court CWJC No.3675 of 2024 dt.27-02-2024 2/3
No. MD2B68BX4NPD07666, Engine No. DHXPND56190 in favour of the Petitioner which was seized in connection with Gopalganj Excise P.S. Case No. 1336 of 2023 dated 27.12.2023 registered u/s 30(a) of Bihar Prohibition and Excise Act, 2018.
(II) For any relief or reliefs as the Petitioner may found entitled by this Hon’ble Court be given.
Patna High Court CWJC No.3675 of 2024 dt.27-02-2024 3/3
application.
disposed of.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
alok/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 29.02.2024. |
| Transmission Date | N/A |
2 issues framed by the court
Whether the writ petition is premature for lack of prior demand upon the competent authority.
Whether to direct the authority to decide the application under Rule 12(A) within three weeks.
2 provisions across 2 enactments
Dipak Kumar Son of Budhu
The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna
The Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna
The Collector-cum-District Magistrate, Gopalganj
The superintendent of Police, Gopalganj
The S.H.O., Gopalganj Excise, P.S.- District- Gopalganj
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
