Uday Narayan Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.65 of 2022 ====================================================== Uday Narayan Tiwary, Son of Late Ram Chandra Tiwary R/o - 128/350, Shankaracharya Ngar, Kidwainagar, Kanpur, Police Station - Naubatpur, Kanpur Nagar, District- Kanpur, State - Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, Excise Department, Government of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

District Magistrate, Begusarai.

4.

Deputy Collector, Land Reform, Begusarai.

5.

The Excise Superintendent, Begusarai.

6.

The Motor Vehicle Inspector, Begusarai.

7.

The Superintendent of Police, Begusarai.

8.

S.H.O., Barauni (Zero Mile), Police Station - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Nand Jha, Advocate For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== 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 : 01-04-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

Patna High Court CWJC No.65 of 2022 dt.01-04-2022 2/3 Petitioner has approached this Court without exhausting the statutory remedy of appeal against the impugned order, as

Patna High Court CWJC No.65 of 2022 dt.01-04-2022 3/3 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 property/ vehicle shall not be auction sold, if not already auction sold. Petitioner shall also have option to get his vehicle released on payment of penalty in view of insertion of Rule 12(A) by amending the Bihar Prohibition and Excise Rules, 2021.

The writ petition is disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.04.2022 Transmission Date NA