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Judgment
16 paragraphs · 281 wordsHeard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
“(I) For issuance of a writ in the nature of certiorari quashing the order dated 19.01.2021 passed in Excise Appeal No.165/2020 issued by the
Commissioner, Bihar Prohibition and Excise Department, Patna whereby and whereunder the Commissioner has rejected the appeal filed by the
petitioner, which is illegal, arbitrary and not sustainable in the eyes of law.
(ii) For issuance of writ in the nature of certiorari for quashing the order dated 21.01.2020 passed by the District Magistrate, Gaya in Confiscation
Case No.229/2019 by which the District Magistrate has been pleased to confiscate to pick up van vide Registration No. BR 02 W- 8872.
(iii) To pass interim / ex parte ad interim reliefs during the pendency of the present writ application staying the operation of the order dated 21.01.2020
passed by the District Magistrate, Gaya in Confiscation Case No.229/2019.
(iv) To any other relief / reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.â€
Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate order, as such, liberty is granted
to petitioner to file revision against the appellate order before the Revisional Authority and if any such Revision is filed within 4 weeks, then Revisional
Authority shall condone the delay in filing the revision petition and shall decide the revision petition preferably within 8 weeks from the date of its filing
on its own merit.
During pendency of revision petition, confiscated property / vehicle shall not be auction sold, if not already auction sold.
With aforesaid liberty, the writ petition is disposed of.
