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Patna High Court - Orders

Abdul Rahman vs The State Of Bihar on 29 November, 2023

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.599 of 2022
                  ======================================================
                  Abdul Rahman Son of Abdul Rashid Resident of Mohalla- 108 Pilkhana 2nd
                  bylane Howrah, Golabari, P.S.- West Howrah, District- Howrah, State- West
                  Bengal.

                                                                           ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar Through the Principal Secretary, Department of Excise,
                  Bihar at Patna.
            2.    The Additional Chief Secretary-cum- Special Superintendent Excise Bihar at
                  Patna.
            3.    The Commissioner Excise Bihar at Patna.
            4.    The Collector-cum- District Magistrate Nawada at Nawada.
            5.    The Superintendent of Excise Nawada at Nawada.
            6.    The Superintendent of Police Nawada at Nawada.
            7.    The Inspector Bihar Excise Check Post Razauli District- Nawada.
            8.    Ram Lagan Singh, S/o Ramcharit Singh, R/o Shivpuri, LBS Nagar, P.O.
                  Shastri Nagar, Patna- 800023 (Bihar).

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Rakesh Kumar Soni, Advocate
                  For the Respondent/s   :      Mr. Vikash Kumar, (SC 11)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                          and
                          HONOURABLE MR. JUSTICE RAMESH CHAND
                  MALVIYA
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

12   29-11-2023

Pursuant to our previous order dated 10.11.2023, Mr. Yash Pal Meena, D.M. Vaishali (the then DM, Nawada), Ashutosh Kumar Verma, D.M. Nawada (present) Ujjawal Kumar Singh, Additional Collector, Nawada, Mr. Abhayendra Mohan Singh, DDC, Aurangabad the then DTO, Nawada, Mr. Anil Kumar Azad, Superintendent Prohibition, Nawada and Mr. Patna High Court CWJC No.599 of 2022(12) dt.29-11-2023 2/3 Ajay Kumar, M.V.I. Gaya, the then M.V.I. Nawada are present in Court.

2. Learned Advocate General for the State is present. The concerned Officer has complied insofar as furnishing report dated 28.11.2023. The said communication is consisting of two enclosures dated 27.11.2023- the preliminary enquiry report and letter dated 27.11.2023

3. Insofar as taking action against certain officers, the concerned disciplinary Authority is hereby directed to conclude the disciplinary proceedings within a reasonable period of six months from the date of concerned officers' explanation to the show cause / charge memo etc.

4. Having regard to the value of the seized vehicle read with the auction proceedings and receipt of consideration to the State is required to be reassessed. In this regard, the concerned official respondents are hereby directed to have peruse the Insurance Companies policy decision, like how to evaluate vehicles' valuation like Model, Make and other technical issues. Such action shall be undertaken in the present case in respect of subject matter of motor vehicle and apprise this Court on next date of hearing.

5. Re-list this matter on 10.01.2024.

Patna High Court CWJC No.599 of 2022(12) dt.29-11-2023 3/3

6. Mr. Yash Pal Meena, D.M. Vaishali (the then DM, Nawada), Ashutosh Kumar Verma, D.M. Nawada (present) Ujjawal Kumar Singh, Additional Collector, Nawada, Mr. Abhayendra Mohan Singh, DDC, Aurangabad the then DTO, Nawada, Mr. Anil Kumar Azad, Superintendent Prohibition, Nawada and Mr. Ajay Kumar, M.V.I. Gaya, the then M.V.I. Nawada who are present in the Court and their personal appearance stands dispensed until further orders.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) saurabhkr/-

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