Rama Shankar Kumar vs The State Of Bihar
2021 Latest Caselaw 2132 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5903 of 2021
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Rama Shankar Kumar Son Of Bindeshwar Paswan Resident Of Village Raghepur P.S. Bahadurpur Dist Darbhanga.

... ... Petitioner/s Versus

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

2. The Commissioner, Excise, Bihar, Patna

3. The District Magistrate, Darbhanga

4. The Superintendent of Police, Darbhanga

5. The S.H.O. Bahadurpur P.S., Darbhanga

... ... 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.Chandra Mohan Jha, 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 : 27-05-2021 Heard learned counsel for the parties. Petitioner has prayed for following relief:-

"(i)For issuance of appropriate writ/writs, order/orders, direction/directions particularly in the nature of mandamus to releasing the Mahendra Scorpio bearing registration no. BR-07PA-6321 chasis No. MA1TA2TDKF5D13500 and Engine No. TDF4d86635 in favour of petitioner which has been seized by an ASI of Bahadurpur police station of Darbhanga district on account of an alleged recovery of total 1.260 litre of liquor from the said vehicle and subsequently a Bahadurpur PS case No. 98 of 2020 dated 22.02.2020 was registered for offence under Section 30a of Bihar Prohibition and Excise Act, 2016.

(ii) For issuance of an appropriate writ/order/direction for setting aside the order of the District Collector Darbhanga passed in Excise Patna High Court CWJC No.5903 of 2021 dt.27-05-2021

Confiscation Case No. 79 of 2020 dated 28.08.2020 as well as the order dated 21.12.2020 passed by the Excise Commissioner, Patna in Excise Appeal No. 155 of 2020."

Petitioner has approached this Court without availing the

statutory remedy of revision against the impugned appellate

order, as such, liberty is granted to petitioner to file revision

against the appellate order before the Revisional Authority and

if any such Revision is filed within 8 weeks, then Revisional

Authority shall condone the delay in filing the revision petition

and shall decide the revision petition preferably within 8 weeks

from the date of its filing on its own merit.

During pendency of revision petition, confiscated

property shall not be auction sold, if not auction sold.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          29.05.2021
Transmission Date       NA