Patna High Court
Mithun Yadav Alias Mithun Kumar vs The State Of Bihar on 24 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14353 of 2021
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Mithun Yadav alias Mithun Kumar son of Paramansh Yadav alias Paramhans
Yadav alias Paramhans Sahani resident of village Ramkusum Daldal, P.S. -
Mor, District- Asansol (Bardhman), State West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Excise Commissioner, Government of Bihar, Patna.
3. The District Magistrate - cum - Collector, Darbhanga, District Darbhanga.
4. The Officer In - Charge, Sadar (Mabbi O.P.), P.S. - Sadar, District
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anuj Kumar,
Mr. Aditya Pandey,
Mr. Rani Kant Kumar,
Mr. Navneet Kumar, Advocates
For the Respondent/s : Mr. Kumar Manish ( Sc5 )
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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 : 24-08-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"A. A writ in the nature of certiorari or any other
appropriate writ/s, order/s, direction/s for:-
I. For quashing the order dated 16.03.2021 as contained
in Memo No360 passed by the Commissioner Excise,
Headquarter, Bihar, Patna in Excise Appeal Case No.211 of 2021
whereby and whereunder the said Commissioner Excise, Bihar,
Patna rejected the appeal on the ground that there is no evidence
Patna High Court CWJC No.14353 of 2021 dt.24-08-2021
on record showing that the vehicle was not being used for
carrying foreign liquor and thus, upheld the order of Collector,
Darbhanga, and further directed the said vehicle bearing no.WB-
37D-1098 be forfeited.
B. A writ in the nature of mandamus or any other
appropriate writ, order/s, direction/s quashing the following:-
I. To stay of operation of order dated 16.03.2021 till the
disposal of this present writ application.
II. For a direction to release the vehicle bearing
registration no.WB-37D-1098, in relation to Sadar (Mabbi O.P.)
P.S. Case No.372 of 2019 registered for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as
amended till 2018; on the ground that the respondent authorities
have failed to appreciate the facts and circumstances involved in
the case and have grossly urged in directing for confiscation of
the said vehicle.
C. For any other relief/reliefs for which the petitioner is
entitled for."
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
Patna High Court CWJC No.14353 of 2021 dt.24-08-2021
auction sold.
With aforesaid liberty, the writ petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.08.2021
Transmission Date NA
