Disposed¶25

Poonam Kumari @ Poonam Devi v. The State of Bihar

Patna HC25 Feb 2025CWJC/3643/2023

Case brief

AI extract

What is this about?

Patna High Court, CWJC No.3643 of 2023, decided 25-02-2025 by Rajesh Kumar Verma, J. Writ seeking release of seized JCB (Backhoes Loader) BR-3G-9830 seized in Madhepur P.S. Case No. 266 of 2022 (Madhubani district, Bihar); representation to Collector, Madhubani and report to Director of Mines pending; writ disposed with direction to Collector to submit report within two weeks and Director of Mines to decide and inform petitioner. No statute or precedent cited; no order on merits of release.

What did the court decide?

Writ application disposed of with directions: Respondent No. 3 (Collector, Madhubani) to submit a report to Respondent No. 2 (Director of Mines) within two weeks, and Respondent No. 2 to take a decision on the report and inform the petitioner. No final order on release of the JCB. ¶25

Poonam Kumari @ Poonam Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3643 of 2023

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Poonam Kumari @ Poonam Devi W/o Yogendra Narayan Yadav Resident of Village- Tardih, Tole Bochahi, P.O.- Tardih, Police Station- Madhepur, District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Addl. Chief Secretary, Department of Mines and Geology, Vikash Bhawan, Government of Bihar, Patna.

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The Director of Mines, Department of Mines and Geology, Government of Bihar, Patna.

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The Collector, Madhubani.

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The District Mining Officer, Madhubani.

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The Inspector of Mines, Madhubani.

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The S.H.O., Madhepur Police Station, District- Madhubani.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the State : Mr. Gyan Prakash Ojha, GA-7 For the Mines Dep. : Mr. Naresh Dikshit, Spl.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 25-02-2025

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Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Mines Department.

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The present writ application is filed for the release of the petitioner’s JCB (Backhoes Loader) bearing Registration no. BR-3G-9830 which was seized by the Respondent No. 5 at the instance of Respondent No. 6 in connection with Madhepur P.S. Case No. 266 of 2022.

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Learned counsel for the petitioner submits that the petitioner has filed a detailed representation before the Respondent No 3, The Collector, Madhubani, but he has not taken any action.

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Patna High Court CWJC No.3643 of 2023(3) dt.25-02-2025 2/2

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Then, the petitioner has approached the Respondent No. 2, stating all the facts with regard to JCB machine in question. In turn, the Respondent No. 2 has written a letter to the Respondent No. 3 (Annexure-6) stating therein that “Please, look the complaint of the petitioner and submit a report.”

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Learned counsel for the petitioner submits that despite the direction of the Respondent No. 2, the Respondent No. 3 has not submitted any report as yet before the Respondent No. 2.

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In view of the averments made in the writ application as well as Annexure-4 and Annexure-6 of the writ application, this writ application is disposed of with direction to the Respondent No. 3 to submit a report to the Respondent No.2 within a period of two weeks and Respondent No. 2 is directed to take a decision on the report of the Respondent No. 3 and inform the petitioner accordingly.

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With the aforesaid direction, this writ application is disposed of.

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priyanka/-

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(Rajesh Kumar Verma, J)

Poonam Kumari @ Poonam Devi v. The State of Bihar

Case brief

What is this about?

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Poonam Kumari @ Poonam Devi v. The State of Bihar

Case brief

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