Dismissed

Ram Janam Singh v. The State of Bihar

Patna HC4 Mar 2024CWJC/4016/2024

Case brief

AI extract

What is this about?

Petitioner challenged vehicle seizure order under Bihar Prohibition and Excise Act, 2016 for release against payment. Court held petition filed without exhausting appeal remedy under Section 92. Petition disposed with notice to appeal within two weeks; directed appellate authority to pass speaking order on merit within three months. Motor vehicle not to be auctioned pending appeal.

What did the court decide?

Petition dismissed with liberty to file appeal under Section 92; appellate authority directed to decide merits within three months; vehicle not to be auctioned pending appeal.

Ram Janam Singh Vs The State of Bihar — Property and Title | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4016 of 2024

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Ram Janam Singh Son of Dhanushdhari Singh, resident of Village - Bhairropur, P.S. - Hussainabad, District - Palamu (Jharkhand).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Excise Prohibition and Registration, Government of Bihar.

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The Excise Commissioner, Bihar, Patna.

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The District Magistrate-cum-Collector, Aurangabad.

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The Superintendent of Police, Aurangabad.

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The Senior Deputy Collector-cum-Presiding Officer, Aurangabad, Excise Court No. 2, Aurangabad.

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The S.H.O. Excise and Prohibition, Aurangabad.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Amrendra Kumar Singh For the Respondent/s : Mr.K.K. Singh A/C to G.P. 22

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====================================================== 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 : 04-03-2024

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In the instant petition, petitioner has prayed for the following reliefs:-

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(I) To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the order as contained in memo No. 24 dated 13.01.2024 passed by the Senior Deputy Collector-cumPresiding Officer, Aurangabad (Excise Court No.2 ) passed in connection with Excise Confiscation Case No. 402 of 2023 arising out of Excise P.S. Daudnagar P.S. Case No. 168 of 2023 under Section 30(a) of Bihar Prohibition and Excise Act 2016 whereby and

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Patna High Court CWJC No.4016 of 2024 dt.04-03-2024 2/3

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whereunder he had directed to release vehicle of the petitioner i.e. Mahindra Bolero bearing Registration No. JH03AK2973 seized in connection with aforesaid case subject to payment of Rs. 5,11,580/- 50% of insured value of the vehicle.

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(ii) To direct the respondent no.5 to release the above mentioned vehicle of the petitioner in connection with aforesaid case subject to payment of 10% of insured value of the vehicle under the provision of Bihar Provision and Excise Act, 2022.

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(iii) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case.

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Petitioner has rushed to this Court without exhausting

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the remedy of appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. The petitioner has not apprised this court as to whether confiscation proceedings is by the competent authority or any violation of statutory rules so as to entertain the present petition.

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Accordingly, the present writ petition stands disposed of, reserving liberty to the petitioner to invoke remedy of appeal before the appellate authority under Section 92 of the Bihar Prohibition and Excise Act, 2016 within a period of two weeks from the date of receipt of this order. The appellate authority is hereby directed to take note of Section 14 of the limitation Act read with the recent decision of the Hon’ble Supreme Court

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Patna High Court CWJC No.4016 of 2024 dt.04-03-2024 3/3

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passed in Civil Appeal No. /2024 (@ SLP (C) No. 14223 of 2019) (M/S MPPKVV CO LTD Vs. GST and CENTRAL EXCISE COMMISSIONER) insofar as limitation issue is concerned. Thus, appellate authority is hereby directed to pass speaking order on merit within a period of three months from the date of receipt of this order. In the meanwhile, subject matter of the motor vehicle, namely, Mahindra Bolero bearing Registration No. JH03AK2973 shall not be auctioned until appellate authority decides the appeal.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)

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vashudha/Shahzad

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	07.03.2024
Transmission Date	NA

Ram Janam Singh v. The State of Bihar

Case brief

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Ram Janam Singh v. The State of Bihar

Case brief

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