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Patna High CourtCWJC/11991/2022disposed

Santosh Kumar v. The State Of Bihar

2022-09-02The Chief Justice -,Mr. Justice S. Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11991 of 2022 ====================================================== Santosh Kumar son of Maheshwar Prasad Yadav, resident of Village - Ramjani, Ward No. 04 Rupauli Milik, P.S.- Jankinagar, District - Purnia. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-Cum- Collector, Purnia. 3.

The Superintendent of Police, Purnia.

4.

The Deputy Superintendent of Police, Purnia.

5.

The Sub Inspector of Police Dagura Police Station, District - Purnia. ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Adv For the Respondent/s :

Mr.Vivek Prasad (GP7)

2/5 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 02-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

3/5

4/5 Petitioner has approached this Court without availing the statutory remedy of revision against the impugned order, as such, liberty is granted to petitioner to file revision against the impugned appellate order before the Revisional Authority and if any such revision is filed within 4 weeks, then revisional authority shall condone the delay in filing the revision and shall decide the revision petition on its own merit preferably within 8 weeks from the date of its filing.

5/5 During pendency of appeal, the confiscated vehicle/property shall not be auction sold.

Petitioner is also at liberty to get his/her vehicle released on payment of penalty in terms of Rule 12(A) inserted by amending Bihar Prohibition and Excise Rules, 2021. With said observation and direction, this writ petition is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA