Court dismissed high court writ petition denying compensation for auctioned vehicle. Held fault lies with petitioner for failing to challenge confiscation order on merits before appellate authority.
None. Compensation prayer rejected as petitioner failed to question confiscation order on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16147 of 2018
======================================================
Chandra Bhusan Pandey Son of Late Upendra Pandey, Resident of VillageBharkuiyan, Police Station- Majha Garh, District- Gopalganj.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Adv. For the Respondent/s : Mr. Vikash Kumar -Sc11 ======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 01-04-2019
Heard learned counsel for the parties.
We are not persuaded with the prayer made by the petitioner for compensation in view of the fact that: (1) the vehicle in question was seized in a condition of violation of provisions of Bihar Prohibition and Excise Act, 2016; (2) the final order has been passed in the confiscation case; (3) the vehicle has been auction sold; and (4) the petitioner has not questioned the final order before the Appellate Authority.
Patna High Court CWJC No.16147 of 2018 dt.01-04-2019 2/2
In the circumstances noted, then even if the vehicle has been auction sold, no cause for indulgence is made out for the fault lies with the petitioner in not questioning the confiscation order on its merits. We thus do not find merit in
the writ petition for inviting indulgence.
The writ petition is dismissed accordingly.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Brajesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 11.04.2019 |
| Transmission Date |
2 issues framed by the court
Whether petitioner is entitled to compensation for loss of auctioned vehicle seized in violation of Bihar Prohibition and Excise Act.
Whether fault for not challenging confiscation order prevents indulgence in compensation claim.
Chandra Bhusan Pandey
The State Of Bihar and Ors
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
