Pankaj Sah vs The State Of Bihar
2021 Latest Caselaw 3559 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11471 of 2021
     ======================================================

Pankaj Sah Son of Banarsi Sah Resident of Shahpur, Ward no. 3, Police Station- Cheriyabariyarpur, District- Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Prohibition Excise and Registration Department (Excise), Government of Bihar, Patna.

2. The Excise Commissioner Excise and Prohibition Department, Government of Bihar, Patna.

3. The District Magistrate Begusarai.

4. The Superintendent of Police Begusarai.

5. The S.H.O., Cheriya Bariyarpur Police Station District- Begusarai.

6. The Investigating Officer, S.I., Ram Varan Prasad Cheriya Bariyarpur Police Station, District- Begusarai.

7. Ajay Kumar Singh, A.S.I., (Informant) S/o Late Ramanand Singh Cheriya Bariyarpur Police Station, District- Begusarai.

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

For the Petitioner/s : Mr.Umesh Kumar, Advocate For the Respondent/s : Mr.Vivek Prasad (Gp7) ====================================================== 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 : 20-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

1. This writ petition is being preferred on behalf of

the petitioner above named invoking the writ jurisdiction for the

following reliefs:-

(I) For Issuance of writ In the stature of Certiorari or

any appropriate writ for quashing of the order dated 05.02.2021 Patna High Court CWJC No.11471 of 2021 dt.20-07-2021

passed by the Excise Commissioner, Excise & Prohibition

Department, Government of Bihar, Patna (Respondent No.2) in

Excise Appeal No. 37/2021, whereby the said appeal of the

petitioner has been dismissed by confirming the order dated

27.11.2020 passed in Confiscation .(Excise) Case No. 148/2020

by the District Magistrate, Begusarai whereby the

Superintendent, Excise Prohibition/ Motor Vehicle Inspector,

Begusarai/ S.D.O., Manjhaul and SHO, Cheriya , Bariyarpur

have been directed to take action for confiscation of the seized

vehicle bearing E-Ricksha Chasssis No. M8EY4A319HP00113.

(ii) For issuance of writ in the nature of Mandamus or

any other appropriate writ commanding the respondents to

release the seized vehicle bearing E- Ricksha Chasssis No.

M8EY4A319HP00113 in favour of the petitioner, which has

been recovered and seized on 29.08.2020 in connection with

Cheriya Bariyarpur P.S. Case No 168/2020 instituted on

29.08.2020 U/s Section 30(A) of the Bihar Prohibition &

Excise Act, 2016.

(iii) For Issuance of writ in the nature of Mandamus

or any other appropriate writ for commanding the respondents

to stay the confiscation of aforesaid vehicle of the petitioner

during pendency of this writ petition.

( iv) For issuance of writ in the nature of Mandamus

or any other appropriate writ commanding the respondents to

refund the amount with interest to the petitioner, if the vehicle

of the petitioner has been confiscated in favour of any one. Patna High Court CWJC No.11471 of 2021 dt.20-07-2021

(v) For issuance of any other writ, order or direction

which your Lordships may deem fit and proper 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.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.07.2021
Transmission Date       NA