PATNA HIGH COURT ISSUES JUDGEMENT ON LALLAN SINGH V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 12:

In the instant writ petition, the petitioner has prayed for the following relief(s):

"1. For issuance of writ certiorari or any appropriate writ to set aside the order dated 26.4.2025 passed by the sub-divisional Officer, Bhabua (Kaimur) in Excise (Vehicle confiscation) Case No. 165 of 2025 arising out of Excise P.S. Case No. 931 of 2024 whereby confiscated the vehicle Mahindra Bolero Pickup bearing registration No. BR26GH-5933, belonging to this writ petitioner and directed to auction sale within two months.

II. To direct the respondent Authorities to release the vehicle i.e. Mahindra Bolero Pickup bearing registration No. BR26GH-5933 aforesaid in favor of petitioner on payment of appropriate penalty according to Substituted sub-rule (2) of Rule 12 (A) of Bihar Prohibition & Excise (Amendment) Rule -2023.

III. To pass any further order/ direction as deem fit and proper to the fact of this case."

2. The petitioner has statutory remedy of appeal before the Appellate Authority under Section 92 of the Bihar Prohibition and Excise Act, 2016 and further Revision before the concerned authority. Without exhausting such remedy, petitioner has rushed to this court. The present writ petition is premature. Resultantly, the petitioner has a remedy of filing appeal before the Appellate Authority under Section 92 of the Bihar Prohibition and Excise Act, 2016.

3. Parallely, petitioner is also permitted to file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023 for the purpose of release of the subject matter vehicle. Therefore, petitioner is permitted to resort to the aforementioned statutory remedy.

4. If such remedy is invoked, the appellate authority is hereby directed to pass order on the petitioner's memorandum of appeal to be filed within a period of three months from the date of receipt of such appeal.

5. In the event of filing of application under Rule 12A, the concerned authority is hereby directed to decide the petitioner's application within a period of three weeks.

6. With the above observation, the writ petition stands disposed of.

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