YOGENDRA KUMAR DUBE Vs. STATE OF BIHAR
HIGH COURT OF PATNA
Yogendra Kumar Dube
STATE OF BIHAR
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(1.) Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
(i) For issuance of writ/writs, order/orders or direction/directions in the nature of certiorari for setting aside order dtd. 9/9/2021/15/9/2021 passed in C.R.M Case no. 540/2019-20 (arising out of Dhanaha P.S Case No. 38/2019) by learned Additional District Magistrate, West Champaran at Beulah whereby and where under EON Car of the petitioner bearing Registration No. 13R22 AE 2678 has been confiscated under sec. 58(2) of the Bihar Prohibition and Excise Act 2016 and further Excise Superintendent, West Champaran at Bettiah has been directed to receive vehicle with the help of concerned Officer In Charge and further to get minimum floor price fixed by DTO, West Champaran at Bettiah/MVI, Bettiah and thereafter to put the vehicle for auction sale and sale proceed be deposited in treasury and copy of Chalan to be deposited in the court of learned Additional District Magistrate, West Champaran at Bettiah.
(ii) For issuance of writ/writs, order/orders or direction/directions in the nature of certiorari quashing the notice dtd. 29/1/2022 issued under the signature of Officer In Charge Dhanaha Police Station whereby the petitioner has been directed to produce/deposit the vehicle on 31/1/2022 at Dhanaha Police Station otherwise legal action shall be taken. It has also been mentioned in the said notice that in-view of office order dtd. 11/1/2022 of Superintendent of Excise, West Champaran at Bettiah the vehicle has already been auctioned. Although the vehicle has been released in favour of the petitioner in compliance to order passed by the Hon'ble Court and is in possession of the petitioner.
(iii) For issuance of writ/writs, order/orders or direction/directions in the nature of mandamus directing the respondent authorities particularly respondent No. 3 to 7 not to take any coercive action against the petitioner for deposit of the vehicle in question.
(iv) For any other relief/reliefs for which the petitioner may be found entitle in the eye of law and in the facts and circumstances of the case may also be granted in favour of the petitioner.
Petitioner has approached this Court without availing the statutory remedy of appeal/revision against the impugned order, as such, liberty is granted to petitioner to file appeal/ revision against the impugned order before the Appellate/Revisional Authority and if any such appeal/Revision is filed within 4 weeks, then Appellate/Revisional Authority shall decide the appeal/revision petition preferably within 8 weeks from the date of its filing on its own merit.
During pendency of appeal/revision petition, no coercive steps to be taken for re-possession of the vehicle.
Petitioner shall also have liberty to keep his vehicle which has already been provisionally released in his favour by paying 50% penalty of the value of the vehicle, as determined by D.T.O. in view of Rule 12(A) of the Motor Vehicle Amendment Rules, 2021.
(2.) The writ petition is disposed of in the aforesaid terms.;
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