Panna Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11601 of 2019 ====================================================== Panna Lal Mahto S/o Jhakad Mahto Resident of Village- Barwat Parsain, Ward No. 09, P.S.- Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

The District Magistrate West Champaran.

3.

The Superintendent of Police West Champaran, Bettiah. 4.

The Superintendent of Excise West Champaran, Bettiah. 5.

The Officer In- Charge, Balthar Police Station West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Respondent/s :

Mr.Kumar Manish (SC 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 19-02-2020 Heard learned counsels for the parties.

Initially the writ application was filed for release of Scorpio vehicle bearing registration no. BR-05S-0498, which has been seized in connection with Balthar P.S. Case No. 85 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2016 as amended by Act 8 of 2018 (hereinafter referred to as the Act) but since final order dated 27.1.2020 has been passed in Confiscation Case No. 581 of 2018-19, learned counsel for the petitioner seeks

Patna High Court CWJC No.11601 of 2019(3) dt.19-02-2020 2/2 permission to withdraw the writ application enabling the petitioner to prefer appeal.

This writ application is, accordingly, disposed of as withdrawn.

It is made clear that if the vehicle in question has not been auction , it shall not be put to auction till the disposal of the stay petition by the appellate authority if such appeal is filed. (Dinesh Kumar Singh, J) ( Anil Kumar Sinha, J) anil/- U