Saroj Kumar Bharti vs The State Of Bihar
2021 Latest Caselaw 4640 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15436 of 2021
     ======================================================

Saroj Kumar Bharti son of Sri Mahendra Ravidas, resident of Village- Asarhua, P.O.-Sono, P.S. Charkapatthar, Sono, District-Jamui.

... ... Petitioner/s Versus

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

2. The District Magistrate-cum-Collector, Purnea.

3. The Superintendent, Excise (Prohibition), Purnea.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s : Mr.Anand Kishore Sinha, Adv For the Respondent/s : Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 14-09-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"For issuance of writ in the nature of certiorari to quash the order dated 22.01.2021 passed by the Collector, Purnea passed in Excise Case No. 348/2020by which learned collector, Purnea has been pleased to confiscate the seized vehicle, Mahindra Pick-up, registration no. BR- 46G-6669 and directed the Superintendent, Excise, Purnea to assure further proceeding under concerned provision of Excise Act and said proceeding of Excise Case No. 348/2020 is closed.

(ii) For issuance of writ in the nature of Mandamus commanding and directing the respondents concerned to release the seized vehicle, Mahindra Pick-up having registration no. BR-46G-6669.

(iii) For declaration and holding that petitioner deserves to get the vehicle in question be released in Patna High Court CWJC No.15436 of 2021 dt.14-09-2021

favour of the petitioner keeping in mind that earlier said vehicle was looted by same unknown persons and a FIR vide Bibhutipur PS Case No. 234/2020 dated 16.08.2020 was lodged U/S 392 of IPC and thereafter said looted Pick-up Van was illegally used to carry liquor and the impugned case was lodged under Excise Act."

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/-

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