Patna High Court
Ramesh ShawversusThe State of Bihar through the Secretary of Petroleum and Natural Gas Department, Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The writ petition is not maintainable and is disposed of, with the trial court directed to dispose of the pending application within 15 days.
Summary
The petitioner, Ramesh Shaw, filed a writ petition in the Patna High Court seeking the release of his tanker (Reg. No. WB-11C-5627) seized under IPC sections 419, 420, 120(B) and Essential Commodities Act sections 3 and 7. He had earlier filed two applications before the Sub‑Divisional Judicial Magistrate, Munger, on 24‑Oct‑2024 and 28‑Oct‑2024, and the trial court had taken reports but had not yet ruled. The State contended that the same relief was already pending before the trial court, making the writ petition non‑maintainable. The High Court, referring to the Supreme Court’s decision in Sunderbhai Ambalal Desai v. State of Gujarat, held that the petition could not proceed and directed the trial court to dispose of the pending application within 15 days. Accordingly, the writ petition was disposed of without granting any relief.
Issues considered
- Whether a writ petition seeking release of a seized vehicle is maintainable when the same relief is pending before a lower trial court.
- Whether the High Court can direct the trial court to dispose of the pending application within a specified time.
Legislation cited
- Essential Commodities Act — s. 3, 7
- Indian Penal Code — s. 120(B), 419, 420
Subjects
- writ petition
- seizure of vehicle
- release of property
- pending application
- jurisdiction
- IPC
- Essential Commodities Act
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2009 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- Kharagpur District- Munger
======================================================
Ramesh Shaw S/o- Late Bijay Shaw R/o- Chandmari Road Rabindra Nagar,
Haora Corporation Ps- Sankrail Dist- Howrah, W.B
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary of Petroleum and Natural Gas
Department, Bihar, Patna
2. The Secretary of Petroleum and Natural GAs Department, Bihar, Patna
Bihar
3. The Collector Cum District Magistrate, Munger Bihar
4. The Superintendent of Police, Munger Bihar
5. The SHO Kharagpur, Munger Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Adv.
Mr. Vijay Kumar, Adv.
For the Respondent/s : Mr.Manish Kumar, G.P 4
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 13-02-2026 The present petition has been filed seeking the
following reliefs:-
“I. For issuance of direction especially to
the respondent no. 3 to release the
“Tanker” bearing reg. no. WB-11C-5627,
which was seized in Kharagpur P.S. Case
No. 168 of 2024 dated 28.05.2024 for
offence punishable under Sections 419,
420, 120(B) of the IPC & Section 3, 7 of
the E.C. Act in favour of the petitioner.
II. Also for any other relief/reliefs for
which the petitioner is entitled in the eye of
law.”
02. Learned counsel for the petitioner submits that the
Patna High Court CR. WJC No.2009 of 2025(2) dt.13-02-2026
2/3
petitioner has filed an application on 24.10.2024 before the
Court of learned SDJM, Munger praying for release of his
tanker bearing Registration No. WB-11C-5627. Learned
counsel further submits that another application to the same
effect was given on 28.10.2024. Pursuant to the filing of the said
application, learned trial court called for the report from the
concerned Police Station and the District Transport Officer. The
learned trial court also called for report regarding status of
confiscation proceeding. Though the reports have been received,
the learned trial court has not passed any orders till date. The
vehicle of the petitioner is being wasted every day and loosing
its road worthiness and the loaded article is also losing its value.
03. Learned counsel appearing on behalf of the
State/respondents submits that for the same relief, the petitioner
is already before the learned trial court and hence the present
writ petition is not maintainable.
04. Since the petition of the petitioner for release of
his vehicle is already pending before the learned trial court, the
learned trial court is directed to dispose of the application of the
petitioner for release of his vehicle, if it is not disposed of till
date, in the light of decision of the Hon’ble Supreme Court in
the case of Sunderbhai Ambalal Desai Vs. State of Gujarat,
Patna High Court CR. WJC No.2009 of 2025(2) dt.13-02-2026
3/3
reported in (2002)10 SCC 283 at the earliest and preferably
within 15 days of receipt/production of copy of this order.
05. Accordingly, the present petition is disposed of.
(Arun Kumar Jha, J)
Anuradha/-
U T
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