The High Court disposed of a writ petition seeking release of a seized vehicle. The court held the petition infructuous as the Collector had already passed an order confiscating the vehicle, granting liberty to appeal.
The writ petition was disposed of; respondent to condone delay and dispose of the appeal within eight weeks if filed.
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.504 of 2022
======================================================
Ravi Kumar Upadhyay S/o Ram Sagar Upadhyay R/o 14/84, Billi Markundi Ansik, P.S.- Obra, District- Sonbhadra, Uttar Pradesh.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri, Advocate For the Respondent/s : Mr.Lalit Kishore (AG)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
2 08-03-2022 Petitioner has prayed for the following relief(s):
“That this is the writ petition being filed before this Hon’ble High Court on behalf of the aforesaid petitioner for issuance of a writ in the nature of ‘Mandamus’ commanding and directing the state respondents to release the vehicle branded as Maruti Ertiga ZDI, bearing Registration No. JH01DU6157, Chassis No. MA3BNC52SLA213852, Engine No. E15AN1038311 in favour of the petitioner who is the real/rightful owner of the aforesaid vehicle which was seized in connection with Chand P.S. Case No. 231/2021 registered for the offences
Patna High Court CWJC No.504 of 2022(2) dt.08-03-2022 2/2
punishable under Section 30(a)/37(1)(2) of the Bihar Prohibition and Excise Amendment Act, 2018 and the aforesaid vehicle is still lying in the open campus of Chand Police Station without initiation of confiscation proceedings by the Collector of District Kaimur at Bhabhua.”
It is submitted on behalf of the counsel for the petitioner that during the pendency of this writ petition, the final order has been passed by the learned Collector for confiscating the vehicle. As such, present petition filed for provisional release of the vehicle has become infructuous.
Writ petition is disposed of with liberty to the petitioner to avail the remedy of appeal and, if any such appeal is filed within four weeks, the delay, if any, shall be condoned by the appellate authority and the authority shall decide the matter within eight weeks from the date of filing of such appeal.
Interlocutory Application(s), if any, also stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-DKS
U
1 issue framed by the court
Whether the writ petition for provisional release of a seized vehicle remains maintainable after the final order of confiscation by the Collector.
1 provisions across 1 enactments
Ravi Kumar Upadhyay
The State of Bihar through Principal Secretary, Department of Registration and Excise, Bihar, Patna
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
