Patna High Court
Dhananjay Kumar vs The State Of Bihar Through The ... on 10 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7262 of 2021
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Dhananjay Kumar, Son of Sri Ram Kumar Gupta, resident of Ward No. 10,
Subhash Chowk, Nirmali, P.S. Nirmali, District Supaul, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Home, Government of Bihar, Patna.
2. The Excise Commissioner, Government of Bihar, Patna.
3. The District Magistrate cum Confiscating Authority, District Darbhanga,
Bihar.
4. The Senior Superintendent of Police, District Darbhanga, Bihar.
5. The Officer in Charge cum Investigating Officer, P.S. Manigachhi, District
Darbhanga, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prabhat Ranjan, 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 : 10-06-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
"(i) Quashing of the show cause notice to show cause
dated 04.02.2020 (Annexure-3) in connection with
Confiscation Case No. 29 of 2020 whereby the
petitioner has been asked to show cause as to why on
account of institution of the First Information Report,
the vehicle of the petitioner is not confiscated.
(ii) Quashing of the Adjudication order dated
04.03.2020 (Annexure-3) passed by the Collector-
cum District Magistrate, Darbhanga in Excise
Confiscation Case No. 29/2020 (State of Bihar
through Senior Superintendent of Police Vs.
Patna High Court CWJC No.7262 of 2021 dt.10-06-2021
Dhananjay Kumar) whereby, the vehicle of the
petitioner bearing Registration No. BR-11AC-7168
has been confiscated under Section 58(2) of the Bihar
Prohibition and Excise Act, 2016;
(iii) Stay of the operation of the impugned order of
confiscation dated 04.03.2020 during the pendency of
the writ application and for restoration of the vehicle
in favour of the petitioner provisionally; and/or
(iv) Restraining the respondents from creating in 3rd
party right during the pendency of the present writ
petition."
A preliminary objection is raised by learned
counsel for the State that petitioner has approached this Court
without exhausting the statutory remedy of appeal/revision
against the impugned order.
However it is submitted by learned counsel for the
petitioner that Confiscating Authority has passed the order in
flagrant violation of the principles of natural justice as well as
de hors of procedural Rules and has not considered the defence
of petitioner as given in his reply to show cause, as such the
present writ petition is maintainable although petitioner has not
availed the statutory remedy of appeal/revision provided under
the Act.
After hearing both the parties, this Court is of the
view that petitioner should exhaust his statutory remedy of
appeal/revision against the impugned order before approaching
this Court in its writ jurisdiction.
Patna High Court CWJC No.7262 of 2021 dt.10-06-2021
The writ petition is disposed of with liberty to
petitioner to avail the remedy of appeal against order passed by
the District Collector-cum-Confiscating Authority, Darbhanga,
before the Appellate Authority, and if any, such appeal is filed
within four weeks, the Appellate Authority shall condone the
delay in filing appeal as the matter remain pending before this
Court and shall decide the appeal on its own merit preferably
within eight weeks from the date of its filing.
During pendency of appeal, the confiscated
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)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.06.2021
Transmission Date NA
