Pradeep @ Pradeep Chauhan vs The State Of Bihar
2023 Latest Caselaw 4833 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13036 of 2023
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Pradeep @ Pradeep Chauhan Son of Bahadur @ Bahadur Chauhan, Resident of Village- Mujari @ Mujuri Tola, P.S.- Paniyara, District- Maharajganj (Uttar Pradesh).

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Excise and Prohibition, Government of Bihar, Old Secretariat, Patna.

2. The Additional Chief Secretary, Bihar, Patna.

3. The Sub-Divisional Magistrate, Gopalganj.

4. The Superintendent of Police, Gopalganj.

5. The Superintendent of Prohibition, Gopalganj.

6. The A.S.I. Mohammadpur, Police Station, Gopalganj.

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

For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate For the Respondent/s : Mr. Vivek Prasad, GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 22-09-2023

Heard learned counsels for the respective counsels.

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

the following relief/reliefs:

"i) To issue an appropriate writ or order/orders for setting aside the order dated 02.06.2023 passed in confiscation (Excise) Case No. 213/2023 by learned Sub-Divisional Magistrate, Gopalganj.

Patna High Court CWJC No.13036 of 2023 dt.22-09-2023

ii) For direction to the Respondents to release the seized vehicle bearing Reg. no. UP56AT3078 having Engine No. TNM1K84095, having Chessis No. MA1ZU2TNKM1K72015 in favour of petitioner in connection with Mohammadpur P.S. Case No. 20/2023.

iii) To any other relief(s) for which the petitioner may be found entitled to in the peculiar facts and circumstances of the case."

3. The petitioner has remedy of appeal before the

appellate authority against the order dated 02.06.2023 passed in

Confiscation (Excise) Case No. 213 of 2023. Therefore, the

present writ petition is premature. Accordingly, the present writ

petition stands disposed of as not maintainable.

4. Disposal of the present petition would not be a hurdle

for the petitioner to invoke remedy before the appellate authority

under Section 92 of the Bihar Prohibition and Excise Act, 2016 or

in the alternative he is permitted to submit representation or

application under Rule 12 - A of Bihar Prohibition and Excise

Rules, 2021. If such application/representation in the prescribed

form or appeal is filed, the concerned authority is hereby directed

to take note and decide the petitioner's grievance within a period

of three weeks from the date of receipt of such application/appeal.

5. Petitioner is also permitted to file an application for

staying the operation of confiscation order dated 02.06.2023 in the Patna High Court CWJC No.13036 of 2023 dt.22-09-2023

appeal. In that event, the appellate authority is hereby directed to

take note of and pass suitable order whether petitioner is entitled to

interim order stay or not?

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          26.09.2023
Transmission Date       NA