Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7755 of 2023 ====================================================== Prem Kumar Son of Late Bindeshwari Pandey Resident of Village-Surkhi, P.S. Obra, District-Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise and Prohibition, Govt. of Bihar, Patna.

2.

The Commissioner, Excise Aurangabad Division, Aurangabad. 3.

The District Magistrate Cum Collector, Aurangbad. 4.

The Additional Collector, Aurangabad.

5.

The Superintendent of Police, Aurangabad.

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

For the Petitioner/s :

Mr.Jitendra Kumar Sagar, Advocate For the Respondent/s :

Mr.Vivek Prasad ( GP-7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-06-2023 The learned Government Advocate submits that already a confiscation proceeding has been initiated as Case No. 87 of 2023. The same was posted on 15.06.2023 before the District Collector, Aurangabad. On 15.06.2023 petitioner did not appear.

The petitioner would now approach the District Collector, Aurangabad, get the next posting date and participate in the confiscation proceedings. The District Collector will decide the issue also based on the new Rule 12A introduced by

Patna High Court CWJC No.7755 of 2023(2) dt.19-06-2023 2/2 the Government from 31th of May, 2023. The petitioner would be entitled to agitate the case of involvement of the vehicle owner before the District Collector as the Rule now provides. The District Collector will decide the matter expeditiously within three weeks from the date of next posting. The writ petition stands disposed of.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) sharun/- U