Chandan Mandal vs The State Of Bihar
2021 Latest Caselaw 3805 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13024 of 2021
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Chandan Mandal Son of Valmiki Mandal, resident of Ward No. 10, Near Bhagwati Asthan, Navtoliya, Police Station- Gogri, District - Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

3. The Excise Commissioner, Government of Bihar, Patna.

4. The Collector, Bhagalpur.

5. The Excise Official, Sadar Anchal, Bhagalpur.

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

For the Petitioner/s : Mr.Praveen Kumar, Advocate For the Respondent/s : Mr. Kumar Manish, SC 5 ====================================================== 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 : 29-07-2021 Heard learned counsel for the parties.

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

"The present writ application is being filed for the release of Scorpio vehicle of the petitioner in favour of petitioner bearing registration No.BR10PB 5288, seized in connection with Excise Case No.286A of 2019, registered for the offences under Section 30(a) of Bihar Excise and Prohibition Act, 2016 after setting aside the impugned appellate court order dated 06.04.2021, passed in Excise Appeal Case No.130 of 2021, passed by the learned Commissioner Excise, Bihar, Patna and also for setting aside the impugned order of learned Collector, Bhagalpur dated 16.12.2020, passed in Misc. (Excise) Case No.352 of Patna High Court CWJC No.13024 of 2021 dt.29-07-2021

2019-20. It is further prayed that the present writ application may be allowed with cost and cost of litigation."

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) ranjan/-

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