Nand Kishore vs The State Of Bihar Through The ...
2021 Latest Caselaw 1350 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1250 of 2021
     ======================================================

Nand Kishore, Son of Mange Ram, Resident of House No. 409, Deoli Village, Deoli, P.S.-Nebsarai, South Delhi, Delhi-110062. At present Resident of Ward No. Adarsh Nagar, Mohalla-Bargaw Road, Khekhra, P.S.-Baghpat, District- Baghpat (U.P.) and Owner of Bus No. UP-17 AT-5345.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Prohibition and Excise, Govt. of Bihar, Patna.

3. The Commissioner, Prohibition and Excise, Govt. of Bihar, Patna.

4. The District Magistrate, Muzaffarpur.

5. The Senior Superintendent of Police, Muzaffarpur.

6. The In-charge of Ahiyapur Police Station in the district of Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :      Mr. Lakshmi Kant Sharma, Advocate
     For the Respondent/s   :      Mr. A.C. to A.G

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 09-03-2021

This writ petition has been filed for quashing the order

dated 23.9.2020 passed in Excise Appeal Case No.65 of 2019

passed by Commissioner, Prohibition and Excise, Bihar, Patna

affirming the order dated 17.08.2019 passed by Collector,

Muzaffarpur in confiscation case no.40/2019-20 by which the

seized bus bearing registration No. UP-17 AT -5345 has been

confiscated and directed to be auctioned sold.

Petitioner has approached this Court without exhausting Patna High Court CWJC No.1250 of 2021 dt.09-03-2021

the statutory remedy of revision against the order passed by the

appellate authority, as such, the writ petition is disposed of with

liberty to petitioner to avail the statutory remedy of revision

against the order passed by the appellate authority and if any

such revision is filed before the Revisional Authority within

four weeks, the Revisional Authority shall condone the delay in

filing revision petition, as the matter remained pending before

this Court and shall decide the revision on merit within eight

weeks from the date of filing of such revision petition.

The confiscated vehicle shall not be auctioned sold

during pendency of revision petition, if not already auctioned

sold.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.03.2021
Transmission Date       NA