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Patna High CourtCWJC/18586/2021disposed

Manoj Paswan, v. The State Of Bihar,

2021-12-23The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18586 of 2021 ====================================================== Manoj Paswan, Son of Radha Paswan, R/o Village - Ward No. 4, Saraia Borna, P.S. - Chautham, Distt. - Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Commissioner, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Khagaria.

3.

The Superintendent of Police, Khagaria.

4.

The District Transport Officer, Khagaria.

5.

The Police Sub-Inspector, Chautham P.S. Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate For the Respondent/s :

Mr.Kumar Manish ( S.C. 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):- (a) For issuance of writ in the nature of mandamus commanding and directing the respondent authority to release the vehicle Scorpio bearing registration no, BR34P and Chassis No.

MA1TAZDKK2A10374 and Engine No.

TDJ4M92541 which has been seized in connection with Chautham P.S. Case No.

241/20 offence u/s. 30(A), E, 32(3) Bihar Prohibition and Excise Act 2018."

Petitioner has approached this Court without availing

Patna High Court CWJC No.18586 of 2021 dt.23-12-2021 2/2 the statutory remedy of revision against the impugned appellate order, as such, liberty is granted to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 4 weeks, then Revisional Authority shall decide the revision petition preferably within 8 weeks from the date of its filing on its own merit. During pendency of revision petition, confiscated vehicle shall not be auction sold, if not auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date