Patna High Court
Abinash Kumar vs The State Of Bihar on 10 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7447 of 2021
======================================================
Abinash Kumar Son of Ramashish Paswan R/o Churi Purvi Coaliery, P.S.-
Khalari, District-Ranchi (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Prohibition, Excise and
Registration Department, Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The Collector-Cum-District Magistrate, Gaya.
4. The Superintendent of Excise, Gaya.
5. The Superintendent of Police Gaya.
6. The Officer-in-Chartge, Sherghari (Dobhi) Police Station, District-Gaya.
... ... Respondent/s
======================================================
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice /Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their residences
/offices.)
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Pandey, Adv
For the Respondent/s : Mr.Kumar Manish (SC5)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 10-08-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i) For issuance of writ/writs, order/orders or
direction/directions in the nature of certiorari for setting
aside order dated 25.08.2020 as contained in Memo No.
3016 dated 01.09.2020 passed in confiscation case no.
93/2020 by learned District Magistrate, Gaya, whereby and
whereunder Bolero vehicle of the petitioner having
Registration No. JH01DL-4684 has been confiscated under
Patna High Court CWJC No.7447 of 2021 dt.10-08-2021
section 58 of Bihar Prohibition and Excise Act, 2016 and
Assistant Commissioner, Excise, Gaya, has been directed to
get the valuation of the seized vehicel from MVI, Gaya and
thereafter to sale the vehicle through public auction.
(ii) For issuance of writ/writs, order/orders or
direction/directions in the nature of certiorari for setting
aside order dated 21.12.2020 as contained in Memo No. 392
dated 15.01.2021 passed in Excise Appeal Case No.
161/2020 by learned Excise Commissioner, Bihar, Patna,
whereby and whereunder appeal preferred by the petitioner
against the order dated 25.08.2020 passed in Confiscation
Case No. 93/2020 has been rejected and order of District
Magistrate, Gaya, has been affirmed.
(iii) For issuance of writ/writs, order/orders or
direction/directions in the nature of mandamus directing the
respondent authorities to release Bolero vehicle of the
petitioner bearing Registration No. JH01DL4684 in favour
of the petitioner which has been seized in connection with
Sherghati (Dobhi) PS Case No. 567/2019 under Section
30(a)/37(1) of the Bihar Prohibition and Excise Act, 2016."
Petitioner has approached this Court without availing
the statutory remedy of revision against the impugned appellate
order, as such, liberty is granted to petitioner to file revision
against the appellate order before the Revisional Authority and
if any such Revision is filed within 8 weeks, then Revisional
Authority shall condone the delay in filing the revision petition
and shall decide the revision petition preferably within 8 weeks
from the date of its filing on its own merit.
During pendency of revision petition, confiscated
Patna High Court CWJC No.7447 of 2021 dt.10-08-2021
property shall not be auction sold, if not already auction sold.
With aforesaid liberty, the writ petition is disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
