Disposed

Gupteshwar Prasad v. The State of Bihar

Patna HC13 Jul 2021CWJC/5227/2021

Case brief

AI extract

What is this about?

In a writ application concerning a seized vehicle under the Bihar Excise Prohibition Amendment Act, 2018, the court directed the respondent authorities to allow the petitioner to file a revision against an appellate order. The court granted liberty contingent upon filing the revision within eight weeks.

What did the court decide?

Liberty granted to file revision within 8 weeks; direction to not auction seized vehicle during pendency of revision.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5227 of 2021

¶2

======================================================

¶3

Gupteshwar Prasad Son of Late Hari Prasad Resident of Village and P.O.-Tiar, P.S.-Tiar (Bihia), District-Bhojpur.

¶4

... ... Petitioner/s

¶5

Versus

¶6

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

¶7

The Commissioner, Excise, Bihar at the Court of Patna.

¶8

¶9

The Collector-Cum-District Magistrate, Buxar.

¶10

The Superintendent of Police, Buxar.

¶11

That officer-in-Charge, Sonbarsha O.P. (Nawanagar), District-Buxar.

¶12

... ... Respondent/s

¶13

======================================================

¶14

Appearance : For the Petitioner/s : Mr.Chandra Mohan Singh, Adv For the Respondent/s : Mr.Vivek Prasad (GP7)

¶15

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

¶16

Date : 13-07-2021

¶17

Heard learned counsel for the parties.

¶18

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

¶19

“That the present writ application is being filed by the petitioner for issuance of appropriate writ/writs, order/orders, direction/directions for commanding the respondents to release the TATA Pick Up Van bearing Registration No. BR-44G-6279 which has been seized in connection with Sonbarsa O.P. (Nawanagar), P.S. Case No. 198 of 2018 dated 15.10.2018 instituted for the offence U/s 30(a) of Bihar Excise Prohibition Amendment Act, 2018.”

¶20

Petitioner has approached this Court without availing

¶21

the statutory remedy of revision against the impugned appellate order, as such, liberty is granted to petitioner to file revision

¶22

Patna High Court CWJC No.5227 of 2021 dt.13-07-2021 2/2

¶23

against the appellate order before the Revisional Authority and if any such Revision is filed within 8 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.

¶24

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

¶25

With aforesaid liberty, the writ petition is disposed of.

¶26

(Sanjay Karol, CJ)

¶27

(S. Kumar, J)

¶28

ranjan/-

¶29

AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA

Gupteshwar Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gupteshwar Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Akhil Bhartiya Kisan Mazdoor Sabha through its District President Shankar Singh Vs The State of Bihar

Akhlad Noori Vs The State of Bihar

Kewla Devi Vs The State of Bihar

Sube Lal Chouhan Vs The State of Bihar

Amrapali Services Limited Vs The State of Bihar through the Chief Secretary

Prem Kumar Mishra Vs The State of Bihar