Ajay Kumar vs The State Of Bihar
2021 Latest Caselaw 2719 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8440 of 2021
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Ajay Kumar Son of Kapildeo Mahto Resident of Village- Hawaspur, Ward No. 14, P.S.- Mansoorchak, District- Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Prohibition and Excise, Government of Bihar, Patna.

2. The District Magistrate, District- Begusarai.

3. The Inspector/ Sub- inspector, Excise, Raiding Party, Begusarai.

... ... 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.Zeyaul Hoda, 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 : 28-06-2021 Heard learned counsel for the parties.

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

"For issuance of a writ in the nature of Certiorari or any other appropriate writ for quashing of the order dated 08.12.2020 passed by District Magistrate, Begusarai in Confiscation Case No. 116/2020 (State Versus Ajay Kumar) whereby and whereunder he has confiscated the vehicle of the petitioner bearing Registration No. BR-09AF-8528 (Tigor Car) and has directed the Sub-Divisional Officer, Begusarai to confiscate the above mentioned vehicle and also directed to auction the vehicle. Prayer is also to release the vehicle in question and stay the auction proceeding in which a notice dated 18.09.2020 has been issued from the office of the Collector, Begusarai."

Patna High Court CWJC No.8440 of 2021 dt.28-06-2021

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.

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) ranjan/-

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