Patna High Court
Sujeet Kumar vs The State Of Bihar on 21 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7385 of 2021
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Sujeet Kumar, Son of Vishwanath Pandit, Resident of Village-Sahjauli Ward
no. 07, P.S.-Parihar, District-Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the principal Secretary, Department of Excise
and Prohibition and Registration Department, Govt. Bihar, Patna.
2. The Principal Secretary, Department of Excise and Prohibition and
Registration Department, Govt. of Bihar, Patna.
3. The Excise Commissioner and Inspector General of Registration.
4. The District Magistrate, Sitamarhi.
5. The Superintendent of Police, Sitamarhi.
6. The Superintendent of Excise, Sitamarhi.
7. The Sub-Divisional Police Officer, Sitamarhi, Sadar.
8. The Police Inspector Cum-Officer In charge, Prohibition of Excise, Raiding
Party, Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Raja Ram Rai, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P. 7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 21-06-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
"(i) That this is an application for issuance of
a writ in the nature of certiorarified
mandamus for quashing the order dated
19.12.2020 passed by District Magistrate,
Sitamarhi in Confiscation Case No. 330/2020
after calling it from the Respondent no. 4 and
to quash the same so far as it relates to the
Patna High Court CWJC No.7385 of 2021 dt.21-06-2021
vehicle of the petitioner bearing Registration
No. BR 30U-8027 (Motorcycle) and the
petitioner further prays for issuance of a writ
in the nature of Mandamus commanding and
directing the respondent authorities to release
the vehicle of the petitioner which has been
wrongly confiscated behind the back of the
petitioner and/or to pass such other order or
orders as this Hon'ble Court may deem fit
and proper in the facts and circumstances
stated hereunder."
It has been submitted by learned counsel for the
petitioner that final order of confiscation has been passed by the
confiscating authority in Confiscation Case No. 330 of 2020 and
steps are being taken for auction of the confiscated vehicle
although no notice of confiscation proceeding was ever served
upon the petitioner.
However, it has been submitted by learned counsel
for the State that the confiscated vehicle has already been
auction sold and same has been purchased by the auction
purchaser and possession of the vehicle has been handed over to
him.
The writ petition is disposed with liberty to
petitioner to file a petition for recall of ex parte order and if the
confiscating authority comes to a finding on the basis of records
that there was no proper and valid service of notice upon the
petitioner, he may recall the ex parte order and shall pass a fresh
Patna High Court CWJC No.7385 of 2021 dt.21-06-2021
order after affording opportunity to the petitioner to file his
show cause and shall pass final order after hearing all the parties
including the auction purchaser.
However, if the Confiscating Officer finds that in
spite of valid service of notice, petitioner did not contest the
proceeding, he shall dismiss the recall petition and petitioner
shall have liberty to file appeal against the order of confiscation
of the vehicle passed by the Confiscating Authority before the
Appellate Authority, who shall decide the appeal in accordance
with law.
With the aforesaid observation and liberty, the writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
