Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12030 of 2024 ====================================================== Amit Kumar, Son of Sri Mahesh Prasad Singh, resident of villageNarsingpur, P.S.- Musari, District- Muzaffarpur. ... ... Petitioner

Versus

1.

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

2.

The Excise Commissioner, Tirhut Division, Muzaffarpur. 3.

District Magistrate, Muzaffarpur.

4.

The Superintendent of Police, Muzaffarpur.

5.

The Excise Superintendent, Muzaffarpur.

6.

The Officer-in-Charge, Bela Industrial Estate, Police Station- Bela, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Prasad, Advocate For the Respondent/s :

Ms. Shweta Anand, AC to G.P13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 14-02-2025 In the instant petition, petitioner has prayed for the following relief(s):

(i) For quashing of order dated 06.05.2024 passed by Additional Collector, Land Reforms (East), Muzaffarpur whereas directed to the petitioner for deposited the amount of Rs. 3,51,450/- as well as additional charged Rs. 10,544/- as a penalty amount as economic penalty in pursuance of notification issued by the

Patna High Court CWJC No.12030 of 2024 dt.14-02-2025 2/3 respondent authority vide notification no. 4541 vk0i0lk0 dated 19.08.2023 as well as notification no. 2448 dated 05.04.2022 Kandika 12([k)(2).

(ii) For issuance of a direction to the respondent authority to refund the aforesaid amount which is deposited by the writ petitioner as under compulsion through the challan DIC Form IV.

(iii) For grant of any other relief/reliefs to which the petitioner may be found entitled to in the interest of justice."

2. Petitioner has a statutory remedy of appeal before the Appellate Authority. Learned counsel for the petitioner submitted that Additional Collector is not the competent authority on the other hand, it is the Collector who has to pass order in the confiscation. We have already noted in identical matter to the extent that Collector can delegate his power to Additional Collector. In view of such delegated powers, the Additional Collector, Land Reforms (East), Muzaffarpur has passed the impugned order. Therefore, petitioner is relegated to Appellate Authority, if such appeal is filed by the petitioner within a period of three months from the date of receipt of this order. The concerned Appellate Authority is requested to pass suitable order in appeal to be filed within a

Patna High Court CWJC No.12030 of 2024 dt.14-02-2025 3/3 reasonable period of time of two months from the date of receipt of appeal.

3. With the above observations, the present Writ petition stands disposed of.

(P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2025 Transmission Date NA