Petitioner sought release of seized vehicle under Bihar Excise Amendment Act. Respondent claimed ex parte confiscation order dated 15.10.2016 was valid. Court disposed petition allowing petitioner to recall order.
Petitioner given liberty to file petition before District Magistrate for recall of ex parte order and pass fresh order after hearing both parties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14409 of 2019
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Sanjay Kumar Son of Rupan Saw Resident of Village/Muhalla- Dev Soti, Police Station- Deo, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjit Kumar For the Respondent/s : Mr.Vikash Kumar ( Sc11 )
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 12-08-2020
Petitioner has prayed for following relief:-
“This application is being filed for issuance of an appropriate writ/ writs/direction(s) to the respondents for release of vehicle of the petitioner which is Discover motorcycle bearing registration No.BR26G7412 Chasis No.MD2A57AZ6ERL71088 and Engine No.PAZREL 76935 in his favour, which has been seized in connection with Deo P.S. Case No.44/016 on 10.9.2016 Kanhai More P.S. Deo in the district of Aurangabad instituted for the offences punishable under Section
Patna High Court CWJC No.14409 of 2019 dt.12-08-2020 2/3
47/54 of Bihar Excise Amendment Act and for which neither the confiscation proceeding has been initiated against the said vehicles by the court of learned the District Magistrate, Aurangabad, nor any notice in this connection has been issued and served to the petitioner till date.
And / or for any other appropriate relief(s) to the petitioner for which he may be found entitled to in the eye of law.
It is submitted on behalf of State that proceeding to confiscate the vehicle was initiated by the District Magistrate and final confiscation order dated 15.10.2016 has been passed by the District Magistrate, Aurangabad confiscating the vehicle as such present petition for interim release of vehicle has become infructuous.
It is submitted on behalf of petitioner that no notice with respect to initiation of confiscation proceeding was served upon petitioner as such he could not appear before the District Magistrate, Aurangabad in confiscation proceeding, and order was passed ex parte .
The writ petition is disposed of with liberty
to petitioner to file a petition before the District Magistrate, Aurangabad for recall of ex parte order and the District Magistrate, Aurangabad shall examine the record and if it is found that the confiscation proceeding was
Patna High Court CWJC No.14409 of 2019 dt.12-08-2020 3/3
decided ex parte without proper service of notice upon the petitioner, he shall recall the ex parte order and shall pass a fresh order in accordance with law after hearing both the parties.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 17.08.2020 |
| Transmission Date | NA |
1 issue framed by the court
Whether the ex parte confiscation order passed by the District Magistrate without proper notice to the petitioner was valid and required to be recalled.
1 provisions across 1 enactments
Sanjay Kumar
The State of Bihar Through Principal Secretary, Excise Department, Bihar, Patna
The District Magistrate Aurangabad
The Senior Superintendent of Police Aurangabad
The Excise Officer District- Aurangabad
The Officer Incharge Deo, Police Station, Distt.- Aurangabad
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
