Disposed

Nagendra Singh v. The State of Bihar

Patna HC16 Aug 2021CWJC/13886/2021

Case brief

AI extract

What is this about?

In a civil writ petition seeking certiorari and stay orders regarding an excise appeal and vehicle confiscation, the Patna High Court granted the petitioner liberty to approach the Revisional Authority. The appeal was disposed of without imposing a final stay.

What did the court decide?

Liberty granted to file revision within 4 weeks; prayer for stay pending revision does not amount to final stay; directive to Revisional Authority to decide within 8 weeks and not auction vehicle.

Nagendra Singh Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13886 of 2021

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Nagendra Singh Son of Awadh Bihari Singh Resident of Village- Anandpura, P.S.- Aurangabad, District- Aurangabad.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Excise Department, Patna, Bihar.

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The Commissioner of Excise, Govt. of Bihar, Patna.

The District Magistrate, Aurangabad, Bihar.

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The Addl. Collector, Aurangabad, Bihar.

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The Superintendent of Police, Aurangabad, Bihar.

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The S.H.O. of town Police Station, Aurangabad, Bihar.

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... ... Respondent/s

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(The proceedings of the Court are being conducted by Hon’ble the Chief Justice /Hon’ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.)

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Appearance : For the Petitioner/s : Ms.Rupa Kumari, Adv For the Respondent/s : Mr.Vivek Prasad (GP7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

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Date : 16-08-2021

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Heard learned counsel for the parties.

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Petitioner has prayed for the following relief(s):-

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“That this is an application for issuance of a writ in the nature of certiorari and/or for an appropriate

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Patna High Court CWJC No.13886 of 2021 dt.16-08-2021 2/3

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writ for quashing the order dated 23/02/2021, passed by respondent no. 2 in Excise Appeal No. 121/2021, Nagendra Singh Vs. District Magistrate, Aurangabad & Others”, by which learned respondent no. 2 has rejected the excise appeal filed by the petitioner and confirm the order passed by respondent no. 4 dated 15/09/2020//22/12/2020 and also to quash the order dated 15/09/2020//22/12/2020 passed by respondent no. 4 in Excise (Confection) case no. 241/2020//630/2019, “State Vs. Nagendra Singh” by which learned respondent no. 4 has directed to confiscate the vehicle in question i.e. BR-26PA-0578 on the ground that illicit liquor was recovered from the vehicle in question and/or pass any other order/orders, direction/directions as deems fit and proper in the fact and circumstances of the case and till disposal of the present writ petitioner order dated 23/02/2021 & 15/09/2020/22/12/2020 should be stayed.”

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Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate order, as such, liberty is granted to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 4 weeks, then Revisional Authority shall condone the delay in filing the revision petition and shall decide the revision petition preferably within 8 weeks from the date of its filing on its own merit.

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During pendency of revision petition, confiscated vehicle shall not be auction sold, if not already auction sold.

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Patna High Court CWJC No.13886 of 2021 dt.16-08-2021 3/3

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With aforesaid liberty, the writ petition is disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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ranjan/-

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Nagendra Singh v. The State of Bihar

Case brief

What is this about?

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Nagendra Singh v. The State of Bihar

Case brief

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