Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8274 of 2022 ====================================================== Rakesh Kumar Son of Kishori Rajak Resident of Mohalla- Purani Bazar, West of Mahila Vidhya Mandir School, Naya Tola, P.S.- Lakhisharai, DistrictLakhisharai. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Excise and Prohibition Department, New Secretariat, Government of Bihar, Patna. 2.

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

3.

The Excise Commissioner State of Bihar, Patna. 4.

The District Magistrate Muzaffarpur.

5.

The Sub- Divisional Officer West Muzaffarpur. 6.

The Senior Superintendent of Police Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar, Advocate For the Respondent/s :

Mr.Vikash Kumar ( S.C. 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 : 08-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.8274 of 2022 dt.08-07-2022 2/3 Petitioner has approached this Court without exhausting the statutory remedy of revision against the impugned order, as such, petitioner is granted liberty to avail the remedy of revision against the confiscation order passed by the Appellate Authority- cum- Excise Commissioner, 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 and shall decide the revision on its own merit preferably within 8 weeks from the date of its filing.

During pendency of revision, the confiscated property/

Patna High Court CWJC No.8274 of 2022 dt.08-07-2022 3/3 vehicle shall not be auction sold, if not already auction sold. OR Petitioner shall also have option to get his vehicle released on payment of penalty in view of insertion of Rule 12(A) by amending the Bihar Prohibition and Excise Rules, 2021.

The writ petition is disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date