Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10203 of 2023 ====================================================== Sanjeev Kumar Son of Late Pawan Kumar Jha, R/o Village-Laxmipur, Turki, P.S.-Kurhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Prohibition Excise and Registration Department, Government of Bihar. 2.

The Excise Commissioner, Prohibition Excise and Registration Department, Government of Bihar.

3.

The District Magistrate, Muzaffarpur.

4.

The Confiscating Officer cum Addl. Collector, Disaster Management, Muzaffarpur.

5.

The Superintendent of Police, Muzaffarpur.

6.

The SHO, Kurhani Police Station, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Respondent/s :

Ms. Manisha Sinha, AC to GP-7 Mr. Vivek Prasad ( GP- 7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 01-08-2023 In the instant petition, petitioner has prayed for the following relief :

" i. For issuing direction to the Respondent No. 2 and 4 taking into kind consideration by virtue of newly amended Rule of Bihar Excise and Prohibition (Amended), Rule, 2023 duly issued Act No. 11/Excise Policy-01-03/2021/3671 dated 31 May, 2023, Published vide Bihar Gazette No. 449 dated 31/05/2023 against the concurrent orders of Ld. Appellate Court, Patna and Ld. ADM Court,

Patna High Court CWJC No.10203 of 2023(2) dt.01-08-2023 2/3 Muzaffarpur, ordered for confiscation of the Vehicle (Regd. No. BR 06PC-7498; Recovery of 29.280 Litters IMFL, Driving by the Driver of the Petitioner) may be released as per amended rule in favour of the Petitioner.

ii. For setting aside of Orders dated 08/06/2023 passed in Appeal Case No. 60/2023 passed by Ld. Court of Excise Commissioner, Govt. of Bihar and order dated 10/04/2023 passed by the Addl. Collector, Disaster Management, Muzaffarpur in the Excise Confiscation Case (Case) No.28/202223 respectively by which the Mahindra Scorpio vehicle of the Petitioner bearing Regd. No. BR 06PC7498 has been ordered to confiscate and the said order upheld by the Appellate court order above mentioned. iii) For issuing a direction upon the respondent No 2 and 4 to release the Scorpio bearing Registration No. BR06PC-7498, Chassis no. MAITA2TDKF5J17286 and Engine No. TDF4J77424 in favour of the petitioner which was seized in connection with Confiscation Case No. 28/2022-23 arising out of Kudhani P.S. Case No. 495 of 2022 under Bihar Prohibition and Excise Act, 2018. iv) For issuance of appropriate Writ/Writs, Order/Orders, direction/directions as may be deemed fit and proper."

2. Perusal of the records, it is evident that the petitioner has suffered order before the Confiscating Authority and thereafter before Appellate Authority. He has a remedy of

Patna High Court CWJC No.10203 of 2023(2) dt.01-08-2023 3/3 revision before the State Government under Section 93 of the Bihar Prohibition and Excise Act, 2016 and the same has not been exhausted. Therefore, the petitioner is at liberty to invoke Revision Petition before the Revisional Authority. The Revisional Authority is hereby directed to examine whether the petitioner is entitled to any interim relief during pendency of the Revision Petition or not? Such decision shall be taken by the concerned Revisional Authority and proceed to pass an interim order either granting or rejecting while assigning reasons withins a period of two weeks from the date of receipt of the petitioner's Revision Petition.

3. With the above observation, the Writ Petition is disposed of.

(P. B. Bajanthri, J) (Jitendra Kumar, J) Skm/chandan/- U T