Khawaja Md. Fakharuddin vs State Of Bihar

Heard the parties.

Petitioner has prayed for following relief(s):-

“(i) Quashing of the Notice to show cause dated 02.09.2020 (Annexure-2) in connection with Confiscation Case No. 126 of 2020

whereby the petitioner has been asked to show cause as to why on account of seizure of the vehicle bearing Registration No. BR 07U-5405, the

vehicle of the petitioner be not confiscated;

(ii) Quashing of the order of Confiscation dated 15-19.09.2020 (Annexure-3) passed by the Collector cum District Magistrate, Darbhanga in Excise

Confiscation Case No. 126/2020 (State of Bihar through Senior Superintendent of Police Vrs. Khawaja Md. Fakhruddin) whereby, the vehicle of the

petitioner bearing Registration No. BR-07U-5405 has been confiscated under Section 58(2) of the Bihar Prohibition and Excise Act,

2016;

(iii) Stay of the operation of the impugned of confiscation dated 15-19.09.2020 during the pendency of the writ application and for restoration of the

vehicle in favour of the petitioner provisionally; and/or

(iv) Restraining the respondents from creating in 3rd party right during the pendency of the present writ petition.â€​

A preliminary objection is raised by learned counsel for the State that petitioner has approached this Court without exhausting the statutory remedy of

appeal/revision against the impugned order.

However it is submitted by learned counsel for the petitioner that Confiscating Authority has passed the order in flagrant violation of the principles of

natural justice as well as de hors of procedural Rules and has not considered the defence of petitioner as given in his reply to show cause, as such the

present writ petition is maintainable although petitioner has not availed the statutory remedy of appeal/revision provided under the Act.

After hearing both the parties, this Court is of the view that petitioner should exhaust his statutory remedy of appeal/revision against the impugned

order before approaching this Court in its writ jurisdiction.

The writ petition is disposed of with liberty to petitioner to avail the remedy of appeal against order passed by the District Collector-cum-Confiscating

Authority, Darbhanga, before the Appellate Authority, and if any, such appeal is filed within four weeks, the Appellate Authority shall condone the

delay in filing appeal as the matter remain pending before this Court and shall decide the appeal on its own merit preferably within eight weeks from

the date of its filing.

During pendency of appeal, the confiscated vehicle shall not be auction sold, if not already auction sold.

With aforesaid liberty, the writ petition is disposed of.