Uday Shankar Prasad @ Uday Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4760 of 2018 =========================================================== Uday Shankar Prasad @ Uday Kumar, Son of Late Mahadev Prasad, Resident of Mohalla- Janak Kishore Road, P.S.- Kadamkuan, Distt.- Patna. .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Govt. of Bihar.
2. Collector-cum-District Magistrate, Patna.
3. Superintendent of Police, Patna.
4. Station House Officer, Kadamkuan, Police Station, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Respondent/s : Mr. Vivek Prasad, GP 7. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 20-03-2018 Challenge in this Writ Petition is made to a show cause notice issued by the competent authority exercising its jurisdiction under Section 56 of the Bihar Prohibition and Excise Act, 2016. At this stage, when only a confiscation proceeding has been initiated by issuing a show cause notice, we are not inclined to interfere into the matter.
The petitioner should raise all objections before the competent authority, who has issued the show cause notice, and thereafter in case the petitioner is aggrieved after final orders are passed, liberty shall be available to the petitioner to challenge the
Patna High Court CWJC No.4760 of 2018 dt.20-03-2018 2/2 same afresh in accordance with law.
With the aforesaid liberty, finding no case for interference at this stage, the petition is dismissed.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.03.2018 Transmission Date N/A