Suman Kumar Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.410 of 2023 In Civil Writ Jurisdiction Case No.1559 of 2022 ====================================================== Suman Kumar Saurabh Son of Suresh Prasad Yadav, Resident of VillageJairam Parsi, Chatra Badh, Ward No.1, P.S.- Gwalpara, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Shri K.K. Pathak, The Additional Chief Secretary, Excise Department, Govt. of Bihar, Patna.

3.

Shri B. Kartiken Dhanji, The Excise Commissioner, Bihar, Patna. 4.

Smt. Inayat Khan, The Collector, Araria.

5.

Shri Ashok Kumar Singh, The Superintendent of Police, Araria. 6.

Sanjeet Kumar, The Sub-Inspector, Excise, Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-02-2024 The present MJC is filed for non compliance of the order dated 22.04.2022 passed in CWJC No. 1559 of 2022. This court while disposing of CWJC No. 1559 of 2022, passed the following order:- "In said view of the matter, the writ petition is disposed of with liberty to petitioner to avail the remedy of the amended provision 12(A) and 57(B) of the Bihar Prohibition and Excise (Amendment) Rules, 2022. It is made clear that this Court has not

Patna High Court MJC No.410 of 2023(3) dt.22-02-2024 2/3 expressed any opinion with respect to merit of case.

Equally, liberty reserved to petitioner to approach this Court for same and subsequent cause of action, if so arises."

2. For non compliance of the aforementioned order, petitioner has presented this petition with reference to the fact that he had approached the concerned authority on 20.08.2022. As on 20.08.2022, certain proceedings have already attained finality like confiscation proceedings dated 04.09.2020, appeal proceedings on 15.01.2021 and revision on 26.10.2021 followed by auction of the subject matter of the motorvehicle on 11.07.2022.

3. The petitioner has taken four months time to approach the concerned authority pursuant to co-ordinate bench order dated 22.04.2022 passed in CWJC No. 1559 of 2022. Having regard to the conduct of the petitioner, in not pursuing his grievance timely and further development has taken place in so far as auctioning the subject matter of motorvehicle, hence the petitioner has not made out contempt of court case so as to initiate contempt of court proceedings for non compliance of the order dated 22.04.2022 read with fact that the petitioner has approached the concerned authority only on 20.08.2022.

Patna High Court MJC No.410 of 2023(3) dt.22-02-2024 3/3 Accordingly, MJC No. 410 of 2023 stands dropped reserving liberty to the petitioner to avail any other remedy, if it is available.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) asmit/- U