Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9790 of 2021 ====================================================== Soni Devi wife of Amit Kumar Jha resident of Village- Gauripur, Post OfficeGauripur, Police Station- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Bhagalpur. 2.

The Superintendent of Police, Naugachia.

3.

The Officer-in- Charge, Bihpur Police Station, District- Bhagalpur. ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf, Adv For the Respondent/s :

Mr. Vikash Kumar SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 06-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "That the present writ application is being filed against the order dated 22.02.2021 passed by the Excise Commissioner, Bihar, Patna, in Excise Appeal No.85 of 2021whereby and whereunder the Appeal filed against the order dated 11.12.2020 passed by the Collector, Bhagalpur, in Misc. (Excise) Case No. 12/2020-21, confiscating Bolero vehicle (Car) bearing registration No. BR 10 PB 4946, Engine No. WZK6E44993, Chasis No. MA1XL2WJXK5F45078 pursuant to an FIR vide Bihpur P.S case NO. 30 of 2020 has been dismissed as well as for a direction commanding the respondents to release the said vehicle to the petitioner."

Patna High Court CWJC No.9790 of 2021 dt.06-07-2021 2/2 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 vehicle shall not be auction sold, if not already 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