Rohit Kumar vs The State Of Bihar
2021 Latest Caselaw 2238 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6460 of 2021
     ======================================================

Rohit Kumar Son of Sri Surendra Choudhary Resident of Village-Baratpur Kothiya, P.S. Didarganj, District-Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Excise Commissioner and Inspector General of Registration, Prohibition, Excise and Registration Department, Government of Bihar, Patna

2. The Collector, Patna.

3. The Additional Collector, Excise Court, Patna.

4. The Station House Officer, Didarganj Police Station, District-Patna.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s : Mr.Bhola Kumar, Adv 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)

Date : 03-06-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"For issuance of a writ of mandamus commanding the respondent nos. 3 and 4 to release the vehicle namely PIAGGIO APE CITY PLUS CNG Tempo bearing Registration No. BR01PL1868 in the favour of the petitioner who is owner of the aforesaid vehicle."

It has been submitted by learned counsel for the State

that during pendency of writ petition order of confiscation in

Confiscation Case No. 1192 of 2020-21 has been passed by the Patna High Court CWJC No.6460 of 2021 dt.03-06-2021

confiscating authority by order dated 18.12.2020 and the vehicle

has been auction sold on 29.01.2021, as such present petition for

interim release of vehicle has become infructuous.

Petitioner has approached this Court without exhausting

the statutory remedy of appeal against the impugned order, as

such, petitioner is granted liberty to avail the remedy of appeal

against the confiscation order passed by the Confiscating

Authority- cum- District Magistrate, before the Appellate

Authority and if any such appeal is filed within 8 weeks then

appellate authority shall condone the delay in filing the appeal

and shall decide the appeal on its own merit preferably within 8

weeks from the date of its filing.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

ranjan/-

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