Ali Ahmad Khan vs The State Of Bihar
2024 Latest Caselaw 5285 Patna

Patna High Court

Ali Ahmad Khan vs The State Of Bihar on 7 August, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7849 of 2024
     ======================================================
     Ali Ahmad Khan, Son of Ozair Ahmad Khan, Resident of Village- Chorma,
     P.S.- Pakrideyal, District- East Champaran.
                                                                ... ... Petitioner
                                         Versus

1.   The State of Bihar through the Principal Secretary Department of Excise,
     Govt. of Bihar, Patna.
2.   The Superintendent of Police, Banka.
3.   The District Magistrate, Banka.
4.   The Excise Inspector Cum SHO of Excise Police Station Banka, District-
     Banka.
5.   The Sub- Inspector of Police, Excise Police Station Banka District- Banka.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Md. Anisur Rahman, Advocate
     For the Respondent/s   :      Mr. Mujtabaul Haque, G.P-12
                                   Mr. Pranoy Kumar, AC to G.P.12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 07-08-2024

                      In the instant petition, petitioner has prayed for the

      following reliefs:-

                                   (A) For issuance of appropriate
                      writ/order       or   direction     commanding        the
                      respondents to release Truck (Tata Company) of
                      the petitioner having Registration No. BR-06G-
                      9578, Chassis No. MAT448030B1C06973 and
                      Engine No. B591803111C63101580 which has
                      been wrongly seized by the respondent no.5 in
                      Banka Excise P.S. Case No. 199 of 2022 dated
 Patna High Court CWJC No.7849 of 2024 dt.07-08-2024
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                         05.10.2022

registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016 pending in the court of Addl. District and Sessions Judge-V, Banka.

(B) For issuance of appropriate writ/order or direction commanding the respondents particularly the Respondent no.4 and 5 to make payment compensation to the petitioner for the loss caused to the petitioner as the respondent no.5 wrongly seized the said truck of the petitioner and has destroyed the same in keeping under open sky for such a long period.

(C) For any other relief or reliefs for which the petitioner is found entitled in the opinion of this Hon'ble Court."

2. The present writ petition was filed in the month

of April, 2024, in the meanwhile, confiscation proceeding has

attained finality on 04.03.2023. The petitioner had a remedy of

filing appeal before the Appellate Authority under Section 92 of

the Bihar Prohibition and Excise Act, 2016 and further Revision

under Section 93 of the Bihar Prohibition and Excise Act, 2016.

Without resorting such statutory remedy, he has approached this

Court for release of the subject matter of vehicle. Even the

subject matter of vehicle has already auctioned, in that event, he

has a remedy of invoking appeal before the Appellate Authority Patna High Court CWJC No.7849 of 2024 dt.07-08-2024

while impleading the auction purchasers, as a party, to the lis. In

the light of these facts and circumstances, the present petition is

not maintainable.

3. Accordingly, the present Writ petition stands

disposed of, reserving liberty to the petitioner to invoke remedy

of appeal before the Appellate Authority. If such appeal is filed,

the Appellate Authority is requested to decide the petitioner's

appeal within a period of 03 months from the date of receipt of

such appeal.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

manish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.08.2024
Transmission Date       NA