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Patna High CourtCWJC/20587/2021disposed

Amit Kumar v. The State Of Bihar

2021-12-23The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20587 of 2021 ====================================================== Amit Kumar Son of Sadanand Tiwari, Resident of Village - Kulharia, P.S. - Parbatta, District - Khagaria. At present residing at Mohalla - Anand Bazar, P.S. - Danapur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3.

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

The Superintendent of Police, Bhagalpur.

5.

The Officer in Charge, Kotwali (Barari) Police Station, District - Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar No.1, 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 :-

Patna High Court CWJC No.20587 of 2021 dt.23-12-2021 2/3 Petitioner has approached this Court without exhausting the statutory remedy of appeal against the impugned order, as 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

Patna High Court CWJC No.20587 of 2021 dt.23-12-2021 3/3 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