Ranjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9056 of 2022 ====================================================== Ranjeet Chaudhary Son of Late Mohan Chaudhary Resident of VillageChhajan Kothi, Pul, P.S.- Kudhni (Turki O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary Bihar, Patna.

3.

The Excise Commissioner Vikas Bhawan, Bihar, Patna. 4.

The Deputy Collector Land Reforms, East, Mazaffarpur. 5.

The Superintendent of Police Muzaffarpur.

6.

The Superintendent of Prohibition Muzaffarpur. 7.

The S.I. Kazimohmmadpur Police Station Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Respondent/s :

Mr.Vivek Prasad (GP-7 ) ====================================================== 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.9056 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 Confiscating Authority- cum- District Magistrate, 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

Patna High Court CWJC No.9056 of 2022 dt.08-07-2022 3/3 8 weeks from the date of its filing.

During pendency of revision, the confiscated property/ 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