IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11684 of 2010 1. RAM DULARI DEVI, W/O SATYA NARAYAN PANJIAR, R/O MOHALLA- BHUTHI, P.S.- SONVARASA, DISTT.- SITAMARHI. 2. SHASHI BHUSHAN KUMAR, S/O SRI DHANIPAT NAYAK, R/O VILL.- MOHANPUR SONVARASA CHOWK, P.S.- SONVARASA, DISTT.- SITAMARHI. ….PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, SITAMARHI. 3. SUB-DIVISIONAL AGRICULTURAL OFFICER, SONVARSA, SITAMARHI. 4. THE OFFICER-IN-CHARGE OF SONVARASA POLICE STATION, SITAMARHI. …..RESPONDENTS. ----------- For the petitioners : Mr. Rajeev Ranjan, Advocate. For the respondents : Mr. Ravi Shankar, A.C. to G.P.7. ----- 03/ 24.08.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. 2. This writ petition has been filed by the petitioners for directing the respondents to release public carrier trucks bearing registration no. BR-06D-4404 and BR-06G-2904 in favour of the petitioners as they are real owners of their respective trucks, seized in confiscation case no.02 of 2010 pending before Collector, Sitamarhi and also for directing the respondents to conclude confiscation case no.02 of 2010 at its earliest as it is pending before the Collector, Sitamarhi since February, 2010. 3. Learned counsel for the respondents-State of Bihar and its authorities opposes the contentions of learned counsel for the petitioner, but it is quite apparent that no counter affidavit has - 2 - been filed on their behalf although sufficient time was granted by this court on earlier occasion. However, the prayer of the petitioner is quite reasonable as if they are the real owner of the trucks and they are not involved in the confiscation case, their trucks should not be allowed to be destroyed in the monsoon season. 4. In the said circumstances, this writ petition is disposed of with a direction to the Collector, Sitamarhi (respondent no.2) to release the trucks on proper security, except cash security or bank guarantee, in favour of the petitioners if they are able to prove that they are the real owners of the trucks and all their papers are in order. This order must be complied within fifteen days from the date of receipt of a copy of this order. Furthermore, let the confiscation case be decided expeditiously without any undue delay. Sunil (S. N. Hussain, J.)