Roopendra Singh Bhadauria @ Roopendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20414 of 2021 ====================================================== Roopendra Singh Bhadauria @ Roopendra Singh son of Ravindra Singh Bhadauria resident of Mohalla- Saraswati Nagar, Bhind, Ward No.- 35, Police Station- City Kotwali, District- Bhind, Madhya Pradesh. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Excise, New Secretariat, Patna. 3.

The Collector-Cum- District Magistrate, Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Police Inspector, Prohibition and Excise, Balthati Check Post, Gopalganj.

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Respondent/s :

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

The petitioner has prayed for the following relief/s :- Petitioner has approached this Court without exhausting the statutory remedy of appeal against the impugned order, as

Patna High Court CWJC No.20414 of 2021 dt.23-12-2021 2/2 such, petitioner is granted liberty to avail the remedy of appeal against the confiscation order passed by the Confiscating Authority- cum- District Magistrate, before the Appellate Authority and if any such appeal is filed within 4 weeks then appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing.

During pendency of appeal, the confiscated vehicle shall not be auction sold, if not already auction sold. With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 24.12.2021 Transmission Date