Madhya Pradesh High Court
Mahendra Gajbhiye vs The State Of Madhya Pradesh on 18 September, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:46499
1 WP-20848-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 18 th OF SEPTEMBER, 2025
WRIT PETITION No. 20848 of 2024
MAHENDRA GAJBHIYE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rahul Kumar Tripathi - Advocate for the petitioner.
Shri Suyash Thakur - Govt. Advocate for the respondents / State.
ORDER
This petition under Article 226 of Constitution of India has been filed
seeking following reliefs:-
(i) That this Hon'ble Court may kindly be pleased to issue
writ in the nature of certiorari by quashing the impugned
order dated 20-05-2024 (Annexure-P/4) passed in Case
No.0107/B-121/2024-2025 passed by respondent no. 2.
(ii) Any other relief which this Hon'ble Court may kindly
be deemed fit and proper in favour of petitioner may also be
given together with cost of petition, in the interest of justice."
2 . It is pointed out that during the pendency of criminal proceedings, the
Collector has passed the confiscation order which is the impugned order and is
also contrary to the Judgement dated 21/04/2025 passed by Full Bench of this
Court in the case of Ramlal Jhariya Vs. The State of Madhya Pradesh and others in
W.P. No.11356/2024. The relevant paragraph of the same reads as under:-
"96. Therefore, the questions referred to us in the matter of
jurisdiction to pass confiscation order during pendency of
criminal proceedings under M.P. Excise Act, 1915 and Cow
Progeny Act are answered in the following manner :
A. Section 47-A of M.P. Excise Act conferring authority on
the Collector to pass order for confiscation is declared ultra-
vires being disproportionately violative of Articles 19(1)(g)
and 300-A of the Constitution of India. Therefore, question
of confiscation by the Collector during pendency of criminal
NEUTRAL CITATION NO. 2025:MPHC-JBP:46499
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trial no longer survives in the matter, as order for
confiscation can now be passed only by the Criminal Court
trying the offence in terms of sections 46 and 47 thereof. As
a necessary consequence thereto, Section 47-D would
become inoperative in all cases where confiscation orders
have not been passed as yet, having rendered superfluous.
B. For cases under Cow Progeny Act, the Collector/District
Magistrate shall be competent to initiate proceedings for
confiscation during pendency of criminal trial, but no
confiscation order can be passed before conclusion of
criminal trial and the Collector/District Magistrate would be
empowered to confiscate the vehicle only if conviction is
recorded in criminal trial and involvement of vehicle and
knowledge/connivance of the owner is proved in the criminal
trial.
C. Writ petition is maintainable once an order is passed by
the Collector/District Magistrate confiscating the vehicles by
exercising powers under the provisions of M.P. Excise Act,
1915 and in case of Cow Progeny Act, if it is passed before
conclusion of trial, because it will be without jurisdiction.
97. As we have held Section 47-A of the M.P. Excise Act to
be ultra-vires of Constitution of India, and a number of cases
must have been decided by now since the provision has been
in existence, therefore, to avoid any chaos and needless
heavy burden on State machinery and exchequer, we direct
that this order would be applicable only prospectively in the
following manner :-
a. for those pending cases where confiscation order has not
yet been passed by the Collector till date of this order, this
order will be applicable,
b. for the concluded cases where confiscation order has
already been passed prior to date of this order, this order
would apply only if an appeal/revision/petition under Section
482 CrPC or U/s 528 BNSS/writ petition or challenge in any
manner is pending against confiscation order as on date of
this order.
c. where either (a) the confiscation order or (b) order in
appeal has already been passed prior to date of this order, the
benefit of this order will be applicable only if statutory
limitation for challenging the same has not expired on date of
this order and if (c) order in Revision has been passed less
than three months prior to date of this order, then also,
benefit of this order will apply while making challenge
before the High Court in Writ petition/Section 482 CrPC or
Sec. 528 BNSS.
d. where the confiscation order has already been passed
and it has not been challenged, or if challenged, the challenge
has failed and not pending as on today and in case of
confiscation order or appellate order, limitation to challenge
the same has expired, or in case of Revisional order, same
has been passed more than three months prior to date of this
NEUTRAL CITATION NO. 2025:MPHC-JBP:46499
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order and not put to challenge till today, confiscations in
those cases will stand closed and shall not be re-opened in
any manner for any purpose whatsoever for taking benefit of
this order."
3. It is argued that the Collector was having no jurisdiction to pass such an
order regarding confiscation of vehicle in view of the judgment passed by Full
Bench of this Court in the case of Ramlal Jhariya (supra).
4. Learned State counsel fairly submits that the Full Bench of this Court
has considered the aspect and passed the judgment. Therefore, the Collector was
having no jurisdiction till the criminal proceedings are pending. He further
submits that in terms of clause b of Para 97 of the judgment passed by the Full
Bench, this petition may be disposed of.
5. Considering the overall facts and circumstances of the case as well as in
terms of clause b of para 97 of judgment passed by Full Bench in the case
o f Ramlal Jhariya (supra), the Collector was having no jurisdiction to pass an
order of confiscation of vehicle till the criminal proceedings are pending
consideration. Accordingly, the impugned order dated 20.5.2024 (Annexure-P/4)
passed by the Collector is hereby quashed.
6. With aforesaid observations, petition stands disposed of .
(VISHAL MISHRA)
JUDGE
JP
