Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8584 of 2021 ====================================================== Vijay Kumar Singh Son of Awadh Prasad, Resident of Village - Ward No. 01, Auraiya, Murarpur, P.S. - Harsidhi, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through Director General of Police Government of Bihar, Patna.

2.

The Director General of Police Government of Bihar, Patna. 3.

The Commissioner Excise Dept. Govt. of Bihar, Patna. 4.

The District Magistrate, Sitamarhi, District - Sitamarhi. 5.

The Excise Superintendent, Sitamarhi, District - Sitamarhi. 6.

The Assistant Excise Inspector, Sitamarhi, District - Sitamarhi. ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv For the Respondent/s :

Mr.Vivek Prasad GP-21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 28-06-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "That this writ application is being filed for issuance of a writ in the nature of certiorari for quashing order dated 08.02.2021 passed by Excise Commissioner, Bihar, Patna, in Excise Appeal Case No. 130 of 2020 by which affirm the order dated 20.07.2020 passed in Confiscation Case No. 186 of 2020 by which confiscate the Bolero vehicle bearing Registration No. BR05H-4577 and further quashing the order dated 20.07.2020 passed by Collector, Sitamarhi in Confiscation Case No. 186 of 2020 and further issued direction for releasing the Bolero vehicle bearing Registration No. BR05H-4577 seized in Excise Case No. C2-64/2020 to the petitioner as he is ready to furnish surety for release and further give other legal

Patna High Court CWJC No.8584 of 2021 dt.28-06-2021 2/2 consequential benefit to the petitioner. "

Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate order, as such, liberty is granted to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 8 weeks, then Revisional Authority shall condone the delay in filing the revision petition and shall decide the revision petition preferably within 8 weeks from the date of its filing on its own merit. During pendency of revision petition, confiscated property shall not be auction sold, if not auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA