Sujit Kumar @ Mulayam Kumar vs The State Of Bihar
2021 Latest Caselaw 4417 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14801 of 2021
     ======================================================

Sujit Kumar @ Mulayam Kumar, S/o Ramesh Rai R/o Village Jagdishpur, P.S. Ragho Pur, District Vaishali.

... ... Petitioner/s Versus

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

2. The Excise Commissioner, Bihar Prohibition and Excise Act 2016.

3. Collector Cum District Magistrate, Nawada.

4. Superintendent of Police, Nawada.

5. Excise Superintendent, Nawada.

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

For the Petitioner/s : Mr.Rewti Kant Raman, Advocate For the Respondent/s : Mr.Vikash Kumar ( SC-11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 02-09-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

"That this writ application is being filed for quashing the order dated 05.01.2021 passed by the respondent no.2 in Excise Appeal no. 148 of 2020 contained in Annexure-5 by which he has affirmed the order dated 02.06.2020 passed by District Magistrate-cum-Collector, Nawada respondent no.3 in Confiscation Case No. 425 (M)/2019 contained in Annexure-4 by which he has confiscated the Truck of the petitioner bearing Registration no. BR25G-3235."

Patna High Court CWJC No.14801 of 2021 dt.02-09-2021

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

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) veena/rajiv-

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