Disposed

Abinash Kumar v. The State of Bihar

Patna HC10 Aug 2021CWJC/7447/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the confiscation and prospective auction of a vehicle under the Bihar Prohibition and Excise Act. The Court granted liberty to the petitioner to file a revision before the Revisional Authority within 8 weeks and stayed the auction pending the hearing of the revision.

What did the court decide?

Liberty to file revision and stay on auction of the seized vehicle during pendency.

Abinash Kumar Vs The State of Bihar — Banking and Recovery | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7447 of 2021

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Abinash Kumar Son of Ramashish Paswan R/o Churi Purvi Coaliery, P.S.Khalari, District-Ranchi (Jharkhand).

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... ... Petitioner/s

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Versus

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

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The Excise Commissioner, Bihar, Patna.

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The Collector-Cum-District Magistrate, Gaya.

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The Superintendent of Excise, Gaya.

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The Superintendent of Police Gaya.

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The Officer-in-Chartge, Sherghari (Dobhi) Police Station, District-Gaya.

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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.) Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Pandey, Adv For the Respondent/s : Mr.Kumar Manish (SC5)

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

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Date : 10-08-2021

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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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“(i) For issuance of writ/writs, order/orders or direction/directions in the nature of certiorari for setting aside order dated 25.08.2020 as contained in Memo No. 3016 dated 01.09.2020 passed in confiscation case no. 93/2020 by learned District Magistrate, Gaya, whereby and whereunder Bolero vehicle of the petitioner having Registration No. JH01DL-4684 has been confiscated under

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Patna High Court CWJC No.7447 of 2021 dt.10-08-2021

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2/3

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section 58 of Bihar Prohibition and Excise Act, 2016 and Assistant Commissioner, Excise, Gaya, has been directed to get the valuation of the seized vehicel from MVI, Gaya and thereafter to sale the vehicle through public auction.

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(ii) For issuance of writ/writs, order/orders or direction/directions in the nature of certiorari for setting aside order dated 21.12.2020 as contained in Memo No. 392 dated 15.01.2021 passed in Excise Appeal Case No. 161/2020 by learned Excise Commissioner, Bihar, Patna, whereby and whereunder appeal preferred by the petitioner against the order dated 25.08.2020 passed in Confiscation Case No. 93/2020 has been rejected and order of District Magistrate, Gaya, has been affirmed.

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(iii) For issuance of writ/writs, order/orders or direction/directions in the nature of mandamus directing the respondent authorities to release Bolero vehicle of the petitioner bearing Registration No. JH01DL4684 in favour of the petitioner which has been seized in connection with Sherghati (Dobhi) PS Case No. 567/2019 under Section 30(a)/37(1) of the Bihar Prohibition and Excise Act, 2016.”

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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 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.

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During pendency of revision petition, confiscated

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Patna High Court CWJC No.7447 of 2021 dt.10-08-2021 3/3

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property shall not be auction sold, if not already auction sold.

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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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Abinash Kumar v. The State of Bihar

Case brief

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Abinash Kumar v. The State of Bihar

Case brief

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