Shiv Narayan Harijan Alias Sewnarayan Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12359 of 2024 ====================================================== Shiv Narayan Harijan alias Sewnarayan Harijan son of Late Dhuplal, Resident of village- Nonar Pandey P.S.- Bankata Dist.- Deoria (UP). ... ... Petitioner/s

Versus

1.

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

2.

The Director General of Police, Bihar Patna.

3.

The Superintendent of Police, Siwan.

4.

The District Magistrate-cum-Collector, Siwan. 5.

The Dy. Superintendent of Police, Siwan.

6.

The S.H.O., Mairwa P.S., Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Respondent/s :

Mr. Mahtab Alam, AC to Standing Counsel 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 05-09-2024 In the instant petition, petitioner has prayed for the following relief(s):- "(i) Releasing of Hero Glamour Motorcycle registration no. UP-52-BA-5839 Chasis No. MBLJAS02XJ904748 Engine No.

JA06EHJ9J37276 seized in connection with Mairwa P.S. Case No. 276/2022 instituted u/s 30(a) of the Bihar Prohibition and Excise Act, 2016, awaiting confiscation.

(ii) To any other relief/s to which the petitioner is found entitled to."

Patna High Court CWJC No.12359 of 2024 dt.05-09-2024 2/2

2. As on date of filing of the present petition, confiscation proceeding was completed on 02.06.2023, therefore, the petitioner has statutory remedy of appeal before the appellate authority under Section 92 of the Bihar Prohibition and Excise Act, 2016 (for short 'Act', 2016) and further Revision under Section 93 of the Act, 2016. Therefore, the present petition does not survive for consideration.

3. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to invoke remedy of filing appeal before the appellate authority. Till the appellate authority decides the petitioner's appeal, the concerned authority is hereby directed to not to proceed with the auction proceedings, if any. The appellate authority is hereby directed to decide the memorandum of appeal to be submitted by the petitioner within a period of three months from the date of receipt of the same.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A