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High CourtsSingle Bench(2018) 08 PAT CK 0029

Jamshed Ali @ Jamsed vs State Of Bihar & Ors

Patna High Court · Decided on 10 August 2018

HON’BLE JUDGES
NILU AGRAWAL, J
RESULT
Disposed off
CASE NUMBER
Civil Writ Jurisdiction Case No.14315 of 2018

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Judgment

17 paragraphs · 353 words

1.Petitioner is permitted to implead the Sub Divisional Officer, Katihar as Respondent No. 4.

2.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

3.

Petitioner seeks payment of the confiscated rice, which was seized by the authorities under Section 7(A) of the E.C. Act from two contractors for

which G.R. Case No. 261 of 1993 was lodged by the Supply Inspector, Katihar on 19.02.1993. Total 124 quintals 49 kg and 500 gms of rice was

seized. After a full-fledged hearing in trial, the petitioner was acquitted by the Sub- Divisional Judicial Magistrate, Katihar in G.R. No. 261 of 1993/

T.R. No. 223 of 2012 vide order dated 24.01.2012. Thereafter, the petitioner approached the District Magistrate, Kathiar for release of his rice and

the District Magistrate, Katihar vide order dated 15.11.2013 directed the Sub Divisional Officer, Katihar to release the food-grains or the amount,

which has been fetched on sale of the said food-grains and the amount deposited in the treasury be released in favour of the petitioner. The Sub

Divisional Officer, Katihar is delaying making of payment on one pretext or the other and by order dated 08.05.2015 directed one Bishandev Prasad

Yadav(Respondent No. 5), in whose custody the food-grains was kept, to release it or pay a sum of Rs. 1,56,241=22 to the petitioner.

4.

It has been submitted by the petitioner that up till now the said amount in lieu of sale of food-grains has not been released in favour of the petitioner.

124 quintals 49 kg and 500 gms of rice was confiscated and now on one pretext or the other the amount of Rs. 1,56,241=22 is not being released in his

favour.

5.

This writ application is disposed off with a direction to the Sub-Divisional Officer, Katihar to release the said amount of Rs. 1,56,241=22, which was

the price of rice as ordered by the learned District Magistrate, Katihar, Respondent No. 2 by order dated 15.11.2013, Annexure-3 within a period of

one month from the date of receipt/ production of a copy of this order.

6.

Writ application is disposed off accordingly.