Patna High Court
Shew Kumar Choudhary @ Shew Kumar ... vs The State Of Bihar on 24 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 5355 of 2021
======================================================
Shew Kumar Choudhary @ Shew Kumar Chudhary, S/o- Late R.R.
Choudhary @ Ram Raj Choudhary, R/o- Dairy Firm, Gondalpara Chandan
Nagar, Hoogly, P.S.- Chandan Nagar, District- Hoogly, West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Excise Commissioner Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The Collector Cum District Magistrate, Nalanda at Biharsharif.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uma Shankar Singh, Advocate
Mr. Dheeraj Kumar, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P. 7
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 24-05-2021
Heard the parties.
Petitioner has prayed for following reliefs:-
"(i) For the issuance of an appropriate
writ to quash the order dated
31.01.2020 passed by the respondent
no. 3 in Confiscation (Excise) Case
No. 165/2019 arising out of Excise
Case No. 178C3EX/2019 dated
19.06.2019 registered U/s 30(a) and
56(b) of the Bihar Prohibition and
Excise Act, 2018 whereby a Maruti
Car (ERTIGA) bearing Reg. No.
WB16-AT-2677 of the petitioner has
been confiscated illegally. (Order
dated 31.01.2020) is contained in
Patna High Court CWJC No. 5355 of 2021 dt.24-05-2021
Annexure-1).
(ii) For the issuance of an appropriate
writ direction to respondent nos. 2
and 3 to release the vehicle of the
petitioner in his favour which bearing
Reg. No. WB16AT/2677 which
subject of confiscation.
(iii) For the issuance of an
appropriate writ to quash the order
dated 18.12.2020 in Excise Appeal
No. 113/2020 passed by respondent
no. 2 whereby the learned Appellate
Authority has illegally dismissed the
appeal preferred by the writ petitioner
against the order of respondent no. 3
dated 31.01.2020 and has been
pleased to confirm the same. (order
dated 18.12.2020) is contained in
Annexure-2.
(iv) For the issuance of any other
appropriate writ/order/direction as
your lordships may deem fit and
proper for the ends of Justice or for
the grant of interim relief."
It is submitted on behalf of counsel for the State that
petitioner has approached this Court without exhausting his
statutory remedy of revision against the order of appellate
authority passed in Excise Appeal No. 113 of 2020 in
Confiscation (Excise) Case No. 165/2019 arising out of Excise
Case No. 178C3EX/2019 passed by Confiscating Authority.
The writ petition is disposed of with liberty to
petitioner to avail his statutory remedy of revision against the
Patna High Court CWJC No. 5355 of 2021 dt.24-05-2021
order passed by the appellate authority and, if any, such revision
is filed by the petitioner within eight weeks, the appellate
authority shall condone the delay in filing revision petition and
decide the revision petition on merits preferably within eight
weeks from the date of its filing.
The writ petition is accordingly disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
