Nakul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10263 of 2021 ====================================================== Nakul Kumar Son of Ayodhya Mandal Resident of Village- Chhoti Chataiya, Mathurapur, P.S.- Ekchari Mathurapur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Excise Department Government of Bihar, Old Secretariat, Patna.

2.

The Excise Commissioner Vikas Bhawan, Bihar, Patna. 3.

The District Magistrate Arariya.

4.

The Superintendent of Police Arariya.

5.

The Superintendent Prohibition Arariya.

6.

The S.H.O. Arariya Police Station Arariya.

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

For the Petitioner/s :

Mr.Manish Kumar Singh 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) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 08-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- (I) To issue an appropriate writ for order / orders for setting aside the order dated 06.09.2020 passed in confiscation case No.424/2020 by learned Collector, Arariya (Memo No.1914 dated 18.09.2020).

(ii) To issue an appropriate order or direction or writ for quashing the appellate order dated 05.03.2021 passed in Appeal No. 169/2021 by Commissioner Excise, Bihar, Patna whereby and wherein the order passed by the

Patna High Court CWJC No.10263 of 2021 dt.08-07-2021 2/2 Collector, Arariya dated 06.09.2020 confiscating the Bolero pickup van of the petitioner has been upheld. (iii) To grant any other relief(s) for which the petitioner may be entitled to in the given facts and circumstances of the case."

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 4 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 / 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) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2021 Transmission Date NA