Md. Mangaru Alam @ Md. Mangaru vs The State Of Bihar
2021 Latest Caselaw 6418 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18783 of 2021
     ======================================================

Md. Mangaru Alam @ Md. Mangaru Son of Ramjani Miyan Resident of Village- Vishunganj, P.S.- Jehanabad, District- Jehanabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2. The District Magistrate, Jehanabad.

3. The Senior Deputy Collector, District Jehanabad.

4. The Station House Officer-Cum- S.I., Police Station, Paras Bigaha, District-

Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Md. Jubair Ansari, Advocate For the Respondent/s : Mr.Kumar Manish (S.C.5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 23-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):-

i) To quash the impugned order contain in vide memo no. 681/law Jehanabad dated 13.04.2021 passed by the Court of the Senior Deputy Collector, Collectoriate Jehanabad in confiscation Case No. 88/D.M./ 2018 Govt. Versus Md. Mangaru So far its relates to the petitioner whereby and whereunder petitioner vehicle Tempo bearing Registration No. BR- 25A-9617 has confiscated and ordered to confiscate for auction public in favour Government of Bihar. (Aznexure-4).

ii) Further to direct the respondents authorities to release the seized vehicle Patna High Court CWJC No.18783 of 2021 dt.23-12-2021

tempo bearing Registration No. BR-25A- 9617 to its original owner i.e. the petitioner.

iii) For any other appropriate relief(s) as per facts and circumstances of this case petitioner to be entitled as your lordships."

Petitioner has approached this Court without

exhausting the statutory remedy of appeal against the impugned

order, as such, petitioner is granted liberty to avail the remedy of

appeal against the confiscation order passed by the Confiscating

Authority- cum- District Magistrate, before the Appellate

Authority and if any such appeal is filed within 4 weeks then

appellate authority shall condone the delay in filing the appeal

and shall decide the appeal on its own merit preferably within 8

weeks from the date of its filing.

During pendency of appeal, the confiscated vehicle

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) Rajiv/veena-

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