Patna High Court
Khawaja Md. Fakharuddin vs The State Of Bihar on 24 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8033 of 2021
======================================================
Khawaja Md. Fakharuddin, Son of Maulana Md. Idris, resident of
Lakshaminiya, P.S. Kusheshwar Asthan, District - Darbhanga.
... ... 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. Bahadurpur, District
Darbhanga, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Ranjan, Advocate
For the Respondent/s : Mr. Kumar Manish, S.C. 5
======================================================
(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 : 24-06-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
"(i) Quashing of the Notice to show cause dated
02.09.2020 (Annexure-2) in connection with
Confiscation Case No. 126 of 2020 whereby the
petitioner has been asked to show cause as to
why on account of seizure of the vehicle bearing
Registration No. BR 07U-5405, the vehicle of
the petitioner be not confiscated;
(ii) Quashing of the order of Confiscation dated
15-19.09.2020 (Annexure-3) passed by the
Collector cum District Magistrate, Darbhanga in
Excise Confiscation Case No. 126/2020 (State
Patna High Court CWJC No.8033 of 2021 dt.24-06-2021
of Bihar through Senior Superintendent of
Police Vrs. Khawaja Md. Fakhruddin) whereby,
the vehicle of the petitioner bearing Registration
No. BR-07U-5405 has been confiscated under
Section 58(2) of the Bihar Prohibition and
Excise Act, 2016;
(iii) Stay of the operation of the impugned of
confiscation dated 15-19.09.2020 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.8033 of 2021 dt.24-06-2021
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
Transmission Date NA
