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Patna High CourtCWJC/11098/2022disposed

Shayam Lal Sharma v. The State Of Bihar

2022-08-10The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11098 of 2022 ====================================================== Shayam Lal Sharma, son of Ayodhi Sharma, Resident of Village- Sanjheli, P.S.- Kasba, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, the Department of Custom and Excise, the Government of Bihar, Patna.

2.

The Collector Purnea, District- Purnea.

3.

The Superintendent of Police Purnea, District- Purnea. 4.

The Deputy Superintendent of Police Purnea, District- Purnea. 5.

The Officer In Charge of P.S. Kasba District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nadimul Hasan, Advocate For the Respondent/s :

Mr.Kumar Manish, SC-5 Mr Ajit Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 10-08-2022 The petitioner has prayed for the following reliefs :-

Patna High Court CWJC No.11098 of 2022 dt.10-08-2022 2/3 Petitioner has approached this Court without exhausting the statutory remedy of appeal against the impugned order, as such, petitioner is granted liberty to avail the remedy of appeal against the confiscation order passed by the Confiscating Authority- cum- District Magistrate, before the Appellate Authority and if any such appeal is filed within 4 weeks then appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing.

During pendency of appeal, the confiscated vehicle

Patna High Court CWJC No.11098 of 2022 dt.10-08-2022 3/3 shall not be auction sold, if not already auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 11.08.2022 Transmission Date