Patna High Court
Rajendra Prasad vs The State Of Bihar on 22 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11859 of 2021
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Rajendra Prasad, Son of Ram Lakhan Mahto, resident of Village and Post-
Kurmawan, Police Station-Barachatti, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration, Excise and
Prohibition Department, Government of Bihar, Patna.
2. The Commissioner Excise, Bihar, Patna.
3. The District Magistrate-cum-Collector, Gaya.
4. The Senior Superintendent of Police, Gaya.
5. The Excise Superintendent, Gaya.
6. The Officer-in-charge, Sherghati Police Station, District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
Mr. Manish Kumar No. 2, 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 : 22-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief(s):-
(i) "That this present writ application is being filed for
issuance of appropriate writ/writs, order/orders for
setting aside the order dated 08.03.2021 passed in Excise
Appeal Case No. 180 of 2021 by the learned
Commissioner, Excise, Bihar, Patna whereby and where
under appeal filed by the petitioner against the order
dated 10.10.2020 passed in Excise Confiscation Case No.
49/2020 by the learned District Magistrate, Gaya has
been dismissed and order of the District Magistrate, Gaya
has been upheld and further to direct the respondent
authorities to release the vehicle (Mahindra Scorpio) of
the petitioner bearing Registration No. BR-02PA-5460
having Engine No. WGG4J22053 and Chassis No.
MA1TA2WGXG2J30650 in favour of the petitioner,
Patna High Court CWJC No.11859 of 2021 dt.22-07-2021
which was seized by the Sherghati Police Official, Gaya
in connection with Sherghati P.S. Case No. 496 of 2019
which has been registered for offence under Sections
30(a)/30(d) of the Bihar Prohibition and Excise Act and
Section 25(1-b)a/26 of the Arms Act and/or for any other
relief or reliefs to which the petitioner may be found
entitled to in course of hearing of this writ application."
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 auction sold.
With aforesaid liberty, the writ petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
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