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Patna High CourtCWJC/2343/2020disposed

Mantu Chauhan v. The State Of Bihar

2020-07-09The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2343 of 2020 ====================================================== Mantu Chauhan Son of Sadanand Chauhan, Resident of Ward No. 8, Teusa, Police Station- Kishanganj in the district of Kishanganj. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

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

The District Superintendent, Excise, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 09-07-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following reliefs: - I. "To quash the order dated 28.11.2016 passed by the District Magistrate,

Patna High Court CWJC No.2343 of 2020 dt.09-07-2020 2/3 Kishanganj in Confiscation Case No. 19 of 2016-17 by which Hero Glamour Motorcycle of the petitioner bearing Engine No. JA06EJG9B09327, Chassis No. MBLJA06AMG9B09461 has been ordered to be confiscated which has been seized in C.C. Case No. 534 of 2016."

II. Also to direct the respondent authorities especially respondent No. 3 to release the Hero Glamour Motorcycle of the petitioner bearing Engine No.

JA06EJG9B09327, Chassis No.

MBLJA06AMG9B09461 which has been seized in C.C. Case No. 534 of 2016 registered on the basis of Prosecution Report submitted by Excise SubInspector dated 21.10.2016 before the court of learned Chief Judicial Magistrate, Kishanganj."

Petitioner has filed this writ petition against the order dated 28.11.2016 passed by District Magistrate, Kishanganj in confiscation case No. 19 of 2016-17 by which the vehicle of petitioner has been ordered to be confiscated. Petitioner has approached this Court without exhausting the statutory remedy of appeal and revision against the impugned order, as such, writ petition is disposed of with

Patna High Court CWJC No.2343 of 2020 dt.09-07-2020 3/3 liberty to petitioner to avail the statutory remedy of appeal revision before approaching this Court, if any, appeal is filed by petitioner the appellate authority shall condone the delay in filing the appeal as matter remain pending before this Court and shall decide the appeal on merit preferably within 30 days. (Sanjay Karol, CJ) ( S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE N.A.

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