Rajesh Yadav @ Rajesh Kumar ... vs The State Of Bihar
2021 Latest Caselaw 3403 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No. 10351 of 2021
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Rajesh Yadav @ Rajesh Kumar Bhadeshar Son of Ramanand Prasad Yadav, resident of Village-Navtol, P.S.-Phulparas, District-Madhubani.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Excise Department, Government of Bihar, Patna.

3. The Collector, Katihar.

4. The Superintendent of Excise and Prohibition, Katihar.

5. The Superintendent of Police, Katihar.

6. The Station House Officer, Balrampur Police Station, District- Katihar.

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

For the Petitioner/s : Mr.Jagnnath Singh, Advocate For the Respondent/s : Mr.Vikash Kumar (Sc11) ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 16-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):-

"This is an application for issuance of a writ in the nature of certiorary or any other appropriate writ/rule for quashing the order dated 07.02.2020 passed in Confiscation Case No. 370/2019-20 passed by the Collector, Katihar Confiscating the Scorpio Registration No. BR-07 PP 7262 seized in connection with Balrampur P.S. Case No. 21/2019 where during the search 186.84 litres liquor is alleged to have been seized carrying for the purpose of trade and therefore, it has been directed that as the condition of the vehicle would attain deteriation by keeping the same in open skay in the police station premises and therefore, the Superintendent of Excise Prohibition, Katihar has been directed to adopt the due procedure of confiscation to sold the vehicle by public auction and also the order Patna High Court CWJC No. 10351 of 2021 dt.16-07-2021

dated 15.01.2021 passed in Excise Appeal Case No. 54/2020 passed by the Excise Commissioner, Bihar, Patna affirming the order of the Collector, Katihar dated 07.02.2020 for confiscation of the vehicle in question."

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

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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