Patna High Court
Rajan Kumar vs The State Of Bihar on 20 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 11811 of 2021
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Rajan Kumar Son of Shyam Sundar Arya, Resident of Village-Fatehpur, Ward
No.11, P.S.-Gogri, District-Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The Commissioner, Excise, Bihar, Patna.
3. The District Magistrate-Cum-Collector, Khagaria.
4. The Superintendent of Police, Khagaria.
5. The Deputy Superintendent of Police, Khagaria.
6. The Officer-in-Charge, Police Station-Pasraha, District-Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Roshan Kumar Mishra, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P. 7
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(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 : 20-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief(s):-
(i) "To issue a writ in the nature of certiorary for
setting aside the order dated 19.01.2021 passed
by the Excise Commissioner, Bihar, Patna in
Excise Appeal Case No. 222/2020 by which the
appeal preferred by the petitioner U/s 92(2) of
the Bihar Prohibition & Excise Act, 2016 against
the order dated 04.09.2020 passed by the
Collector-cum-District Magistrate, Khagaria in
Excise Confiscation Case No. 62/2019-20,
arising out of Pasraha P.S. Case No. 40 of 2019,
Patna High Court CWJC No. 11811 of 2021 dt.20-07-2021
corresponding to the G.R. No. 720 of 2019,
registered under Section 30(a)/38(1) of Bihar
Prohibition and Excise Act, 2016 and Section
25(1-b)a, 26/35 Arms Act, whereby and where
under the vehicle of the petitioner namely
Hundai Car bearing registration No. BR09Z-
8287 has been confiscated and directed the
concerned authority for selling it by public
auction U/s 58(5) of the said Act and proceeds be
deposited with the State Government, has
illegally been dismissed and order passed by the
Respondent District Magistrate has been
affirmed.
(ii) To issue a further writ of certiorary, setting
aside the order dated 04.09.2020 passed by the
Collector-cum-District Magistrate, Khagaria in
Excise Confiscation Case No. 62/2019-20.
(iii) To issue a writ of mandamus, commanding
and directing the respondent authority concerned
to release the aforesaid vehicle i.e. Hundai Car
bearing Registration No. BR09Z-8287 in favour
of the petitioner who is bonafide owner of the
vehicle in question forthwith.
(iv) Any other relief or reliefs, writ or writs
direction or directions which this Hon'ble Court
may deem fit and proper in the facts and
circumstances may also be granted."
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
Patna High Court CWJC No. 11811 of 2021 dt.20-07-2021
from the date of its filing on its own merit.
During pendency of revision petition, confiscated
vehicle shall not be auction sold, if not auction sold.
With aforesaid liberty, the writ petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
