CourtKutchehry.com
High CourtsDivision Bench

Avinash Kumar Mishra vs State Of Bihar And Ors

Patna High Court · Decided on 8 December 2020 · Citation: (2020) 12 PAT CK 0313

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 9012 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

19 paragraphs · 316 words

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 following reliefs:-

i. A writ in the nature of certiorari or any appropriate writ, order or direction for quashing order dated 29.09.2020 passed in Excise Appeal Case No.

93/2020 passed by the Excise Commissioner, Bihar, Patna (Respondent No. 2) whereby and whereunder the appeal filed by the petitioner against the

order dated 28.02.2020 passed in Confiscation Case No. 2853/2019-20 by the Senior Deputy Collector, Patna has been dismissed.

ii. A writ in the nature of certiorari or any other appropriate writ/order or direction for quashing of order dated 28.02.2020 passed in vehicle

confiscation case no. 2853/2019-20, passed by the Senior Deputy Collector, Patna, whereby and whereunder Maruti Swift Car bearing registration

No. BR05AD-8055 has been confiscated.

iii. A writ in the nature of mandamus or any other appropriate writ/order of direction directing the respondents to release Maruti Swift Car bearing

registration No. BR 05AD-8055 in favour of the petitioner which was seized on 24.09.2019 in connection with Kotwali P.S. Case No. 865/2019

(Special Case No. 8556/2019).

iv. Any other appropriate writ/order or direction which his lordship may deem fit and proper.

Petitioner has filed this writ petition without exhausting the remedy of revision against the order as impugned.

The writ petition is disposed of with liberty to petitioner to avail the statutory remedy of revision against the order as impugned before the Revisional

Authority and, if any, such revision is filed within 30 days, the revisional authority shall condone the delay in filing the revision petition and shall decide

the revision on merit within 60 days from the date of filing of such revision petition.

During pendency of revision petition, the vehicle shall not be auction sold.