Aasma Khatoon @ Asmun Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6104 of 2023 ====================================================== Aasma Khatoon @ Asmun Khatoon Wife of Ishrafil Ansari, Resident of Village- Basbitta, Hasanpur, Ward No. 13, Police Station- Mejorganj, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The Collector-cum-District Magistrate, Sitamarhi. 4.

The Superintendent of Excise, Sitamarhi.

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Respondent/s :

Mr.Kumar Pankaj, AC to SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-08-2024 In the instant petition, petitioner has prayed for the following reliefs :

i) To issue an appropriate writ(s)/ order(s)/direction(s) in the nature of a writ of Mandamus directing the respondent-Collector to release the vehicle of the petitioner namely TVS Apache RTR 160, motor-cycle, bearing Registration No. BR 30AD 7871, Chasis No. MD634AE86M2L29133, Engine No.

AE8LM2428636, which has been seized by the police officials under Mejorganj Police Station, bearing Mejorganj Case No. 104 of 2022

Patna High Court CWJC No.6104 of 2023(4) dt.22-08-2024 2/2 instituted for the offence under sections 272, 273 of the I.P.C. and sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016. ii) To grant any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.

2. The confiscation proceeding has already attained finality, therefore, the present petition do not survive for consideration. Petitioner has remedy of filing appeal before the appellate authority. She is at liberty to file appeal.

3. Accordingly, writ petition stands disposed of. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) mcv/- U