IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11128 of 2006 Murari Singh, son of Late Satish Singh, resident of 33A, Jawahar Lal Nehru Road, Calcutta – 700007 ….. Petitioner Versus 1. The State Of Bihar 2. Superintendent of Police, Gopalganj 3. Officer-in-charge, P.S. Mirganj, District Gopalganj 4. Dhananjay Yadav, Son of Pahalwan Yadav, owner of BR-28-9611, Engine No. AC – 11A 50556 and Chassis No. 12A 40199, resident of village Mirganj, P.s. Mirganj, District Gopalganj, Bihar ….. Respondents For the Petitioner : Mr. Nalini Kant Tripathi, Advocate For the State : Mr. Anil Kr. Upadhaya, S.C. 20 5 25.08.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks direction to the concerned respondents for handing over possession of the vehicle bearing Registration No. BR-28-9611, Engine No. AC – 11A 50556 and Chassis No. 12A 40199, which was seized by the Officer Incharge, Mirganj Police Station, Gopalganj, in view of the order passed by the City Civil Court, Calcutta upon an application filed under Section 9 of Arbitration and Conciliation Act, 1996 allowing the receiver appointed by the court to take possession of the aforesaid vehicle either himself or through an agent appointed by the it. Petitioner claims to be an agent 2 appointed by the receiver concerned. A supplementary counter affidavit has been filed on behalf of the Respondent nos. 2 and 3. A stand has been taken in paragraph 9 thereto that the respondents are willing to release the vehicle in favour of the writ petitioner or the receiver or any agent appointed by him, who approaches for the said purpose before it. In above view of the matter, this writ application is being disposed of with a direction to the petitioner, who claims to be duly appointed agent of the receiver appointed by the City Civil Court, Calcutta in Misc. Case No. 911 of 2004 or the receiver to approach the Respondent no. 3 for taking possession of the vehicle along with a certified copy of this order. If the person approaching is found rightful by the respondents concerned then it shall do needful for handing over possession of the vehicle after proper verification in terms of the order passed by the City Civil Court, Calcutta in Misc. Case No. 911 of 2004 within two weeks thereafter. Spd/- ( Dr. Ravi Ranjan, J.) 3