Patna High Court
Amit Kumar vs The State Of Bihar on 21 June, 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.9119 of 2024
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Amit Kumar S/o Om Prakash Singh, R/o C-1840, Ground Floor, Palam Vihar,
P.S. Palam Vihar, Dist.- Gurgaon, Haryana.
... ... Petitioner/s
Versus
1. The State of Bihar, through Secretary Excise and Prohibition Department
Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Samastipur, Bihar.
4. The Superintendent of Police, Samastipur, Bihar.
5. The Superintendent of Excise, Samastipur, Bihar.
6. The S.H.O., Rosera Police Station, Samastipur, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sudhanshu Prakash, Adv.
Mr. Kr. Harshvardhan, Adv.
For the Respondent/s : Mr.Ajay Behari Sinha, Government Adv.
Mr. Upendra Kr. Singh, AC to GA-8
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 21-06-2024
Office notes dated 20.06.2024 stands overruled.
2. In the instant petition, the petitioner has
prayed for the following relief(s):-
(i)For issuance of of Writ of Certiorari
quashing the order dated 07-10-2023
passed by the SDM, Rosera in
confiscation (Excise) Case No.
08/2024, whereby he has declined to
release the said Vitara Brezza Car;
(ii) For directing the SDM, Rosera to
release the Car bearing Registration
Patna High Court CWJC No.9119 of 2024 dt.21-06-2024
No. HR87A0871 for Cerulean Blue
coloured Maruti Vitara Brezza Car
having, Engine No.- D13A5581686 and
Chassis No. MA3NYFB1SJA337897
which is lying in the Rosera Police
Station, Samastipur in the favour of the
petitioner forthwith.
(iii) For direction may be given for
disposal of present case in light of the
Hon'ble Patna High Court's decision in
Sunaina Vs State of Bihar (CWJC
No.7920/2023) and Binit Kumar Vs
The State of Bihar (CWJC
No.4040/2023) case.
And/Or
(iv) For any other order/orders,
relief/reliefs for which the petitioner
may be entitled in the eyes of law.
3. The present petition do not survive for
consideration with reference to relief sought in the present
petition in so far as release of the subject matter of vehicle for
the reasons that confiscation proceedings has attained finality.
Therefore, the present petition do not survive for consideration.
4. Be that as it may, petitioner is at liberty to
invoke remedy of appeal before the appellate authority under
Section 92 of the Bihar Prohibition and Excise Act, 2016. If
such appeal is filed by the petitioner, the appellate authority is
hereby requested to decide the petitioners appeal within a
reasonable period of two months from the date of receipt of
such memorandum of appeal on merit without insisting on delay
Patna High Court CWJC No.9119 of 2024 dt.21-06-2024
issues.
5. With the above observations, instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.06.2024.
Transmission Date N/A
