Jitendra Kumar @ Jitendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6606 of 2017 ====================================================== Jitendra Kumar @ Jitendra Yadav S/o Ramesh Yadav Resident of Ramdev Nagar, Mahadeva Road, P.O. & P.S. - Siwan, District - Siwan. ... ... Petitioner/s

Versus

1. The State of Bihar through the Collector, Siwan.

2. The Excise Commissioner Government of Bihar, New Secretariat, Patna.

3. The District Magistrate-cum-Collector, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Shahi For the Respondent/s :

Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 17-12-2018 In this case vide order dated 02.05.2017 a provisional release of the vehicle has already been directed. Learned counsel for the petitioner submits that the vehicle has already been provisionally released. Learned counsel for the petitioner submits that in the confiscation proceeding final order has already been passed on 11.04.2017 in Excise Act Case No. 36/16-17 by the Collector, Siwan. In view of the judgment passed passed by the Hon'ble Full Bench of this Court in L. P. A. No. 1647 of 2015 on 01.11.2018, learned counsel for the petitioner submits that he would not challenge the competence of the District Magistrate in the matter of initiation of confiscation proceeding and shall take an opportunity to file statutory appeal before the appellate

Patna High Court CWJC No.6606 of 2017(4) dt.17-12-2018 2/2 authority under the provisions of the Bihar Prohibition & Excise Act, 2016.

In the given facts and circumstances, this Court grant leave to the petitioner to prefer an appeal within a period of 30 days from today along with application for condonation of delay before the appellate authority under the Act. If such an appeal along with application for condonation of delay is filed within the given period, the appellate authority shall consider the same on merits and shall dispose of it within a period of three months from the date of presentation of the appeal keeping in mind that it relates to confiscation of vehicle and early disposal of the appeal would be in the interest of the State. So far as the provisional release of the vehicle is concerned, the said order shall remain in force till disposal of the appeal. The petitioner shall abide by the final order passed by the appellate authority. If petitioner fails to avail the remedy of appeal within the aforesaid period, the order of confiscation shall take effect and the provisional release of vehicle shall stand withdrawn. (Jyoti Saran, J) ( Rajeev Ranjan Prasad, J) avin/- U