Tejinder Singh @ Tejindar Singh Vs The State of Bihar

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 28-03-2024

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In the instant writ petition, the petitioner has prayed

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for the following relief(s):

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“(i) For quashing order dated 11.08.2022 issued under signature of the respondent no.2 Additional Chief Secretary, Excise, Patna in Excise Revision No.188/2022 by which dismissed the revision application

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whereby whereunder affirm the order dated 03.06.2022 passed by respondent no.03, the Commissioner, Excise Bihar, Patna in Excise Appeal No.341/2022 and also affirm the order dated 09.02.2022 passed by the Additional Collector, Supaul in Excise Case No.112/2021/42/2022.

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(ii) For quashing the order dated 03.06.2022 (Annexure-8) passed by the Excise Commissioner, Bihar, Patna in Excise Appeal No.341/2022 whereby and where under rejected the appeal affirm the order dated 09.02.2022 passed by Additional Collector, Supaul in Excise Case No.112/2021/ 42/2022.

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(iii) For further quashing the order dated 09.02.2022 (Annexure-7) passed by Additional Collector, Supaul in Excise Case No.112/2021/42/2022 by which passed an order to confiscate the Truck (Vehicle) of the petitioner bearing Registration No. PB13BH9842, Engine No. 400924D0026005, Chasis No. MECO784CHKP039988 without any cause and reasons. (iv) For also quashing the order

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dt.07.08.2021 passed in Excise Case No.112/2021 by Additional Collector, Supaul whereby and where under ordered to confiscate of the truck in question (Annexure-5).

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(v) For that further issue direction to the respondents release Truck (Vehicle) bearing Registration No. PB13BH9842 to the petitioner as he is ready to furnish sufficient surety.

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(vi) For that further give other legal consequential benefit to the petitioners.”

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2. During the course of argument, learned counsel for the petitioner vehemently contended that behind the back of the petitioner, respondents have proceeded to auction the subject matter of motor vehicle and it was not communicated to the petitioner. However, he vehemently contended that subject matter of auction proceedings be taken note of in the present proceedings.

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3. It is not necessary to take note of such contention in view of the fact that the petitioner has not assailed the auction proceedings.

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4. Accordingly, the present writ petition stands disposed of reserving liberty to the petitioner to assail the

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auction proceedings and in accordance with law.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)