Md. Farquan @ Md. Gulab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2181 of 2019 In Civil Writ Jurisdiction Case No.18765 of 2018 ====================================================== Md. Farquan @ Md. Gulab Son of Md. Salim resident of Village- Bheriyahi, Police Station- Keoti, District- Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Commissioner, Excise and Prohibition Department, Government of Bihar, Patna 2.
The District Magistrate-cum-Collector Darbhanga 3.
The Senior Superintendent of Police Darbhanga 4.
The Superintendent of Police Darbhanga 5.
The State House Officer L.N.M.U. Police Station, District-Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish, Advocate Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Mrityunjay Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 26-04-2024 Perused the show-cause.
2. It appears that the vehicle in question has already been confiscated vide order dated 06.07.2021 passed in Excise Confiscation Case No. 183 of 2018. After confiscation of the vehicle it has been auction sold in favour of one Dharmendra Kumar, who was the highest bidder. Vehicle has been sold for a sum of Rs. 3,70,000/-.
3. In view of the subsequent developments, now this
Patna High Court MJC No.2181 of 2019(4) dt.26-04-2024 2/2 modification application has become infructuous. This is being disposed of with liberty to the petitioner to seek his remedy against the order of confiscation and auction sale in accordance with law with consequential benefits. If any such remedy is applied for, the delay in applying for the remedy shall be considered keeping in view that the present application was filed before this Court on or about 17.05.2019 and the same remained pending till date.
4. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) (Partha Sarthy, J) Rishi/- U