Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16124 of 2023 ====================================================== Aman Kumar Son of Sushil Kumar Tiwari Village- Bishundatpur, P.S.- Kanti, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The Excise Commissioner, Prohibition Excise and Registration Department Govt. of Bihar, Patna.

4.

The District Transport Officer, Gopalganj.

5.

The District Magistrate-cum-Collector, Gopalganj. 6.

The Superintendent of Excise, Gopalganj.

7.

The Inspector of Excise, Gopalganj.

8.

The Station House Officer, Kuchaikote P.S., Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dipak Kumar For the Respondent/s :

Mr. Vikash Kumar ( SC-11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 09-11-2023 In the instant petition, petitioner has prayed for the following reliefs:- "(i) issuance of order direction or writ in the nature of certiorari for call for the records of the confiscation proceedings pertaining to the vehicle (Registration No.- BR-06-CD-7548) of the petitioner and quash the order of confiscation and return the vehicle of the petitioner or to provide necessary relief.

Patna High Court CWJC No.16124 of 2023 dt.09-11-2023 2/3 (ii) For issuance of order, direction or writ in the nature of mandamus directing the respondent authorities to compensate the petitioner after quashing the order of confiscation.

(iii) For granting any other relief or reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case."

2. The petitioner's motor vehicle bearing Registration No. BR-06-CD-7548 is stated to be involved in Kuchaikote P.S Case No. 496 of 2021 dated 22.11.2021 for the offences under section 30(a) and 37(b) of Bihar Prohibition and Excise (Amendment) Act, 2018. Faced with the aforementioned material, the concerned officials were stated to have initiated confiscation proceedings and it has attained finality. It is submitted that the final orders passed in the confiscation proceedings has not been made available to the petitioner. Therefore, petitioner has sought for calling the records. If the final order passed in the confiscation proceedings was not made available to the petitioner in that event petitioner has remedy of filing application under Right to Information Act, 2005. That apart, the petitioner has remedy of filing appeal before the appellate authority. Both the remedies have not been exhausted before filing the present petition. Therefore, the present petition cannot be entertained. Accordingly, the present writ petition stands dismissed.

Patna High Court CWJC No.16124 of 2023 dt.09-11-2023 3/3

3. Dismissal of the present petition would not be a hurdle for the petitioner to file Appeal or a fresh petition with the materials available, if any and in accordance with law. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) Vikash/- AFR/NAFR NAFR CAV DATE Uploading Date N/A Transmission Date N/A