Patna High Court
Ramadhar Ram vs The State Of Bihar on 17 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11770 of 2021
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Ramadhar Ram Son of Yamuna Ram, resident Kushwaha Mela Dildarnagar,
P.S.- Dildarnagar, District - Gazipur, Uttar Pradesh, PIN - 232326.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Department of Liquor
Prohibition and Excise, Government of Bihar, Patna.
2. The Commissioner, Office of Excise, Secretariat, Patna.
3. The District Magistrate-cum-Collector, Aurangabad, Bihar.
4. The Additional District Magistrate-cum-Collector, Aurangabad, Bihar.
5. The Superintendent of Police, Aurangabad, Bihar.
6. The S.H.O., Aurangabad Town Police Station, Aurangabad, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Satish Kumar Pandey
For the Respondent/s : Mr.Vivek Prasad ( Gp7 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 17-08-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
(I) To issue an appropriate writ/writs,
order/orders, direction/directions including a writ in the
nature of certiorari to quashing the order dated 22.02.2021
passed by the learned Commissioner, Excise, Patna (OP
No.2) in Excise Appeal No.-84/2021 in which the learned
Commissioner (OP NO.2) has confirmed the order dated
22.12.2020 passed by the Additional District Collector,
Aurangabad (OP No.4) in Excise Confiscation case
Patna High Court CWJC No.11770 of 2021 dt.17-08-2021
No.621/2019 (in connection with Aurangabad Town P.S.
Case No. 261/2019 dated 01.08.2019 registered under
Sections 30(a)/37(b) of Bihar Liquor Prohibition and Excise
Act, 2018) in which the Additional District Collector,
Aurangabad (OP no.4) has confiscated the Scorpio jeep
bearing registration No. UP-61AH-6262, Chassis
No.MA1TA2WR2H2M11862, Engine No.WRH4M17042,
of the petitioner (owner) against the order dated 09.07.2020
passed by the Hon'ble the Chief Justice, and the Hon'ble
Justice S. Kumar of Patna High Court in CWJC
No.3835/2020 filed by the petitioner.
(ii) To issue an appropriate writ or direction or
order/orders to give direction to the respondents to not take
any coercive measures against the vehicle of the petitioner.
(iii) To grant any other writs/orders/directions to
give relief/reliefs for which the petitioner is found to be
entitled in the facts and circumstances of the case."
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 4 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
property / vehicle shall not be auction sold, if not already
auction sold.
Patna High Court CWJC No.11770 of 2021 dt.17-08-2021
With aforesaid liberty, the writ petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.08.2021
Transmission Date NA
