Blog

The petitioner absolute right to dispute the order in the appropriate forum if necessary and intended and the parties will be given the opportunity to record all necessary documents and materials, if so required and preferred, and a copy of the order issued by the appropriate authority will be provided to the parties  is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA in the case of Uttam Yadav Vs. The State of Bihar (Civil Writ Jurisdiction Case No.10086 of 2021)

Brief facts of the case are that this writ petition is directed for the issuance of appropriate writs, order orders, and direction directions commanding the respondents authorities to release the Tractor Vehicle with Trolley that was seized in Rajoun P.S. Case No. 15/2021 dated 14.01.2021 for alleged offence under Sections 378, 379, 411, 386, 120 B of the I.P.C., MMRD Act, 1957 Rules 4(1) & Bihar & Bihar Minerals (Concession), Prevention of illegal Mining Transportation Rules, 2019 11, 41, Rules 56 (2) & Section 15 of NGT Act, 2010 which is pending in the court of learned C.J.M., Banka in favour of the petitioner as the petitioner is the actual/bonafide owner of the said vehicle and is willing to provide suitable sureties for the same as per this Hon’ble Court’s direction.

The learned counsel representing the petitioner states that the petitioner may be permitted to pursue necessary legal proceedings before the appropriate authority, for which the permission was given. If such a process is brought within four weeks of today, learned counsel for the respondents indicates that the issue of limitation, if any, will not be raised or allowed to get in the way of determination of the matter on the merits, for which the Statement has been accepted and recorded.

The petition has been dismissed on the grounds that the petitioner has four weeks from now to file suitable legal action before the competent authority, and if appropriate legal action is filed within four weeks, the question of limitation, if any, will not prevent the matter from being decided on the merits. The appropriate authority shall decide the matter on the merits, in accordance with the principles of natural justice, and shall pass a reasoned and spoken order, within eight weeks from the date of taking appropriate proceedings.

The parties will be given the opportunity to record all necessary documents and materials, if so required and preferred, and a copy of the order issued by the appropriate authority will be provided to the parties. The court hopes that as and when the petitioner seeks such remedies as are otherwise available in law before the appropriate forum, the matter will be handled in accordance with the law and with reasonable dispatch. The petition is dismissed, but the petitioner absolutely has the right to dispute the order in the appropriate forum if necessary and intended.

Click here to read the judgment

Judgement reviewed by – Pooja Lakshmi