Randhir Yadav @ Teni Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12560 of 2019 ====================================================== Randhir Yadav @ Teni Yadav Son of Chandra Narayan Yadav R/o VillageLaxmipur, Post Office-Murli Chandwa, Police Station-Udakishunganj, District-Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar through Excise Commissioner, Patna 2.
The Collector-cum-District Magistrate Madhepura 3.
The Excise Superintendent Madhepura ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Adv For the Respondent/s :
Mr.Vikash Kumar ( SC11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 25-06-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.
Petitioner has prayed for the following relief: - "For issuance of writ in the nature of certiorari for quashing of order dated 31.01.2019 passed by learned Collector-cum-District Magistrate, Madhepura, in Excise Confiscation Case No.104 of 2018, Excise Case No. 153 of 2018 whereby petitioner's motorcycle TVS, Registration No. BR43N2190, Engine No. FF1FJ1849537, Chassis No. MD625FF16J1F87843 has been confiscated under Section 58 of Bihar Prohibition and Excise Act, 2016." It has been submitted by learned counsel for the State that petitioner has approached this Court without availing the statutory alternative remedy of appeal and revision against the
Patna High Court CWJC No.12560 of 2019 dt.25-06-2020 2/2 impugned order, as such the writ petition is dismissed being pre-mature and petitioner may first avail the statutory remedy of appeal/revision, provided under the Excise Act with liberty to approach this Court after availing all the statutory remedies. Subject to the aforesaid observation and liberty, this application is disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA