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Patna High CourtCWJC/3538/2020disposed

Anita Devi v. The State Of Bihar

2020-11-05The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3538 of 2020 ====================================================== Anita Devi, Wife of Vinay Singh, Resident of Village- Madrauni Puwari Tola, Ward No.1, P.S. Rangra, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Department of Excise and Prohibition, Government of Bihar, Old Secretariat, Patna. 2.

The Districtn Magistrate, Bhagalpur.

3.

The Superintendent of Police, Bhagalpur.

4.

The Superintendent of Excise, Bhagalpur.

5.

The Officer-in-Charge, Gopalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Respondent/s :

Mr. Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing) Date : 05-11-2020 Heard the parties.

Petitioner has prayed for following reliefs:- "(i) For quashing the order dated 14.11.2019 passed by learned District Magistrate, Bhagalpur.

(ii) For direction to release (Honda) motorcycle bearing Registration No.

BR10AA5625 Engine No.

KC23E85001956, Chasis No. ME4KC23-GD-J8000999 in favour of the petitioner.

(iii) For any other relief/reliefs entitled the petitioner accordance with law. "

Patna High Court CWJC No.3538 of 2020 dt.05-11-2020 2/2 This writ petition has been filed by the petitioner for quashing the order dated 14.11.2019 passed by District Magistrate-cum-Confiscating Officer, Bhagalpur by which the vehicle of the petitioner has been ordered to be confiscated. Petitioner has approached this Court without availing the statutory remedy of appeal/revision against said order. Accordingly, the writ petition is disposed of with liberty to petitioner to file appeal against the impugned order within 60 days before the Appellate Authority and on any such appeal being filed the Appellate Authority shall condoned the delay in filing appeal as the matter remain pending before this Court and shall decide the appeal on merit within 60 days from the date of filing of such appeal.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA