Sikandar Kumar Prasad @ Sikandar Prasad, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13989 of 2019 ====================================================== Sikandar Kumar Prasad @ Sikandar Prasad, aged about 40 years (M), S/o Suresh Prasad, R/o Road no.- 4, Yashwant Nagar, P.S. Kotwali, Distt. Hazaribagh- Jharkhand.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Deptt., Govt. of Bihar, Patna.

2.

The Excise Commissioner cum I.G., Registration, Bihar, Patna. 3.

The Dy. Commissioner, Excise, Gaya.

4.

The District Magistrate, Gaya.

5.

The Senior Superintendent of Police, Gaya.

6.

The Excise Inspector, Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Brijeshwar Narayan Singh For the Respondent/s :

Mr. Vikash Kumar ( SC-11 ) Mr. AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 2.

15-10-2019 Heard Sri Brijeshwar Narayan Singh, learned counsel for the petitioner and learned A.C. to Standing Counsel - 11. The petitioner, claiming to be registered owner of a 4-wheeler, has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India, with a prayer to quash an order passed by the District Magistrate, Gaya in Confiscation Case No. 89 of 2019, whereby, the vehicle of the petitioner has been confiscated and directed to be auction sold.

Patna High Court CWJC No.13989 of 2019(2) dt.15-10-2019 2/2 After some argument, learned counsel for the petitioner requests for disposal of the present writ petition so that petitioner may avail alternative remedy. The prayer is allowed.

The present writ petition stands disposed of with liberty to avail alternative remedy.

It goes without saying that the period consumed by the petitioner in pursuing the present writ petition i.e. from 10-07-2019 till date shall be excluded while considering the limitation matter.

(Rakesh Kumar, J.) ( Anjani Kumar Sharan, J.) anay U