High CourtsDivision Bench

Avinash Kumar Mishra vs State Of Bihar

Patna High Court · Decided on 24 June 2021 · Citation: (2021) 06 PAT CK 0084

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 7356 Of 2021
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Judgment

21 paragraphs · 342 words

Heard the parties.

Petitioner has prayed for following relief(s):-

“i. A writ in the nature of certiorary or any appropriate writ/order or direction for quashing of order dated 28.01.2021 passed in Excise Revision

No. 08/2020 passed by the Additional Chief Secretary, Bihar, Patna whereby and whereunder the Excise Revision filed by the petitioner has been

rejected and confiscation order passed by the Senior Deputy Collector, Patna and appellate order passed by the Excise Commissioner has been

affirmed.

ii. A writ in the nature of certiorary 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.

iii. A writ in the nature of certiorary 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.

iv. 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).

v. Any other appropriate writ/order or direction which his lordships may deem fit and proper.â€​

It is submitted on behalf of counsel for the petitioner that his vehicle has been confiscated and the order of confiscation was

challenged before the appellate authority as well as revisional authority but he could not succeed, as such, he may be given liberty to purchase his

vehicle on the highest bid amount.

If petitioner is ready to re-purchase the vehicle on the highest bid amount, authorities are directed to permit him to do so.

With the aforesaid observation and direction, writ petition is disposed of.