Patna High Court
Amit Kumar Singh vs The State Of Bihar on 7 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6773 of 2025
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Amit Kumar Singh Son of Sri Dhurandhar Prasad Singh, resident of Mohalla
- RahulNagar Brahmpura, P.S. - Brahmpura, P.O. - MIT, District -
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Prohibition and Registration, Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, West Champaran at Bettiah.
4. The Superintendent of Police, West Champaran at Bettiah.
5. The Superintendent of Excise West Champaran at Bettiah.
6. The District Transport Officer, West Champaran at Bettiah.
7. The S.H.O. Nadi Police Station, Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raju Kumar, Advocate
For the Respondent/s : Mr.Standing Counsel (06)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 07-08-2025
In the instant petition, petitioner has prayed for the
following relief(s):-
Patna High Court CWJC No.6773 of 2025 dt.07-08-2025
"(i) To issue an appropriate order/s,
direction/s including a writ preferably in the nature
of mandamus commanding and directing upon the
respondent Superintendent of Excise to handover the
possession of Bolero Pickup vehicle No. UP60T-
3944 which has been received by way of Public
Auction and deposit of auction money amounting to
Rs.78,000/- failing which bid amount be refunded.
(ii) To direct the respondent No.6 with
interest to make the payment of compensation to the
petitioner amounting to Rs.25,000/- causing mental
and physical agony meted out to the petitioner
whose vehicle has not been delivered after
rectification in release order.
(iii) To any other relief/s to which the
petitioner may be found entitled in the facts and
circumstances of the case."
2. On 31.07.2025, we have passed the following
order:-
"Respondent No. 5-Superintendent of
Excise, West Champaran at Bettiah, is hereby
directed to file his personal affidavit as to why the
auctioned vehicle in favour of the petitioner has not
been released pursuant to the auction dated petitioner
has not been released since 16.11.2021.
2. Re-list this matter on 07.08.2025."
3. Personal affidavit of the Respondent No. 5-
Superintendent of Excise, West Champaran at Bettiah has been
filed and it has not been placed in the file, we have perused the
file of the State counsel. There is no communication to the
Patna High Court CWJC No.6773 of 2025 dt.07-08-2025
petitioner from 16.11.2021 till 17.05.2025 in respect of
furnishing documents and getting the vehicle released in his
favour with reference to the fact that he being the successful
bidder.
4. On the other hand learned counsel for the State
submitted that there were certain errors committed in the
confiscation order, if it is so, it should have been rectified within
a reasonable period of time of one month or two months and
thereafter it should have been communicated to the petitioner
asking him to furnish such of those required documents within a
reasonable period of time of three months. On the other hand,
they slept over the matter till 17.05.2025, therefore, there is total
inaction on the part of the respondents in not honouring the
auction proceedings in respect of subject matter vehicle.
5. Be that as it may, now the subject matter vehicle
which was lying in the custody of respondents from the year
2021 to this day and it has depreciation value on yearly basis,
therefore, it is not appropriate to direct the official respondents
to release the subject matter vehicle in favour of the petitioner.
6. On the other hand, petitioner is entitled to have the
benefit of refund of deposited amount of Rs. 78,000/- along with
interest @ 8 per cent per annum from 01.12.2021 till payment is
Patna High Court CWJC No.6773 of 2025 dt.07-08-2025
made and the same shall be calculated and disbursed in favour
of petitioner within a period of three months from the date of
receipt/production of a copy of this order.
7. The present writ petition is allowed with cost of Rs.
10,000/-. Cost shall be paid to the petitioner within a period of
eight weeks.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.08.2025
Transmission Date NA
