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Patna High CourtCWJC/16147/2018disposed

Chandra Bhusan Pandey v. The State Of Bihar And ORS

2019-04-01Mr. Justice Jyoti Saran,Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16147 of 2018 ====================================================== Chandra Bhusan Pandey Son of Late Upendra Pandey, Resident of VillageBharkuiyan, Police Station- Majha Garh, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate/Collector, Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Excise Superintendent, Gopalganj.

6.

The Sub-Divisional Officer, Gopalganj.

7.

The S.H.O, Bishabharpur Police Station, Gopalganj. 8.

Mr. Vinod Kumar Sah, A.S.I., Bishambharpur Police Station- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Milind Kumar Mishra, Adv.

For the Respondent/s :

Mr. Vikash Kumar -Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-04-2019 Heard learned counsel for the parties.

We are not persuaded with the prayer made by the petitioner for compensation in view of the fact that: (1) the vehicle in question was seized in a condition of violation of provisions of Bihar Prohibition and Excise Act, 2016; (2) the final order has been passed in the confiscation case; (3) the vehicle has been auction sold; and (4) the petitioner has not questioned the final order before the Appellate Authority.

Patna High Court CWJC No.16147 of 2018 dt.01-04-2019 2/2 In the circumstances noted, then even if the vehicle has been auction sold, no cause for indulgence is made out for the fault lies with the petitioner in not questioning the confiscation order on its merits. We thus do not find merit in the writ petition for inviting indulgence.

The writ petition is dismissed accordingly.

(Jyoti Saran, J) ( Arvind Srivastava, J) Brajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.04.2019 Transmission Date