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Patna High CourtCWJC/13699/2022disposed

Ifatekhar Ahamad v. The State Of Bihar

2022-09-16The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13699 of 2022 ====================================================== Ifatekhar Ahamad Son of Issrar Ahamad, Resident of Village Mirzapur, P.S.- Ladniya, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Bihar, Patna. 2.

The Commissioner, Excise Prohibition Patna.

3.

The Collector, Madhubani.

4.

The Superintendent of Police Bhabua, Madhubani. 5.

The Station House Officer Inspector, Babubarhi Police Station, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivnandan Bharti, 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) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 16-09-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.13699 of 2022 dt.16-09-2022 2/3 Petitioner has approached this Court without availing 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 property / vehicle shall not be auction sold. In view of amendment in the Excise Act, and same being applicable in pending cases, it shall be open for the petitioner to get his/her vehicle released after making payment of penalty in terms of Rule 12(A) and 57(B) inserted by amending Bihar Prohibition and Excise Rules, 2021. Equally, liberty reserved to petitioner to approach this Court for same and subsequent cause of action, if so arises.

Patna High Court CWJC No.13699 of 2022 dt.16-09-2022 3/3 With aforesaid observation and direction, the writ petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date