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2024 Supreme(Pat) 112

P. B. BAJANTHRI, JITENDRA KUMAR
Shanti Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhimanyu Singh.
For the Respondents: Mr. Vikash Kumar (SC 11).

Jitendra Kumar, J. – The present Civil Writ Petition, under Article 226 of the Constitution of India, has been preferred praying for the following reliefs: –

“(i) To issue a writ of certiorari quashing the auction notice dated 11.01.2022 and auction of petitioner's vehicle.

(ii) To issue a writ of Mandamus directing the respondents to hand over the vehicle to the petitioner upon payment of penalty;

(iii) To issue a writ of mandamus directing the respondents to amend Rule 14 of the Bihar Prohibition and Excise Rules, 2021, as Rule 14 is making the remedy of revision under Section 93 of the Act infructuous/redundant/meaningless;

(iv) To issue a writ of Mandamus directing the respondent's to pay compensation to the petitioner for auctioning the vehicle of the petitioner before the passing of the order of Revision.

(v) Issuance of any other writ(s), order(s), or directions) as may be deemed fit and proper by this Hon'ble Court.”

2. The relevant facts, as emerging from the record, are that on 09-07-2021 at around 04:30 a.m., when the police patrolling team was checking vehicle at Mastan Chowk, a Red Colour MHawk 100 Mahindra TUV 300, bearing Registration No. BR-43P-6309 was coming from Kisha

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