Ritesh Kumar Bharti vs The State Of Bihar
2023 Latest Caselaw 3521 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10816 of 2023
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Ritesh Kumar Bharti (Male), aged about 25 years, Son of Vishnu Kant Bharti, Resident of Kurji, (Behind Jaipuriya School), P.S. - Khagaul, District - Patna.

... ... Petitioner/s Versus

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

2. The Director General of Police, Bihar, Patna.

3. The Excise Commissioner, Bihar, Patna.

4. The Assistant Excise Commissioner, Bhojpur at Ara.

5. The Collector cum District Magistrate, Bhojpur at Ara.

6. The Sub-Divisional Officer, Bhojpur at Ara.

7. The Superintendent of Police, Bhojpur at Ara.

8. The Officer in -Charge, Excise P.S. Bhojpur at Ara.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Kumar Manish, SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 07-08-2023

Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That, this writ application is being filed for issuance of appropriate writ/ writs, order/ orders, direction / directions to the respondents authority in nature of certiorari for setting aside the order dated 24.04.2023 passed by learned Collector cum District Patna High Court CWJC No.10816 of 2023 dt.07-08-2023

Magistrate, Bhojpur at Ara contained in Memo No. 843 dated 25.04.2023 in Misc. (Excise) Case No. 219 of 2023 whereby and whereunder it has been refused to release the seized Maruti Swift Case bearing Registration No. BR01EL7795 having Chasis No. MBHCZC63SKH464615 and Engine No. K12MP 1078092, Year of Manufacture- 2019, in favour of the petitioner, which has been seized in connection with Excise P.S. Case No. 201 of 2023 dated 06.03.2023 registered for the offences alleged under section 30(a) and 37 of Bihar Prohibition and Excise Act, 2018, the petitioner under the provision of the Excise Act filed Form -IV in terms of Section 57(1) of the Act, before the Collection cum District Magistrate with a prayer to deposit the summon amount to release the vehicle but being prejudiced, violating the rule, arbitrarily unlawfully passed the impugned order despite of having nothing on the record of use of vehicle for similar offence, hence this application."

3. The petitioner without exhausting the statutory

remedy available to him, has presented this writ petition.

4. Accordingly, present writ petition stands disposed of

reserving liberty to the petitioner to prefer appeal before the

appellate authority. In the event of filing appeal, the appellate

authority is hereby directed to take note of petitioner's

memorandum of appeal including any request for grant of interim

direction/order/stay application shall be considered within a period

of one week from the date of filing of memorandum of appeal by

the petitioner.

Patna High Court CWJC No.10816 of 2023 dt.07-08-2023

5. With the above observation, writ petition stands

disposed of.

(P. B. Bajanthri, J)

( Jitendra Kumar, J) GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.08.2023
Transmission Date       NA