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2023 Supreme(Pat) 1130

P. B. BAJANTHRI, ARUN KUMAR JHA
Ramprakash Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr.Shambhu Narayan Singh.
For the Respondents: Mr.Vikash Kumar, SC-11.

Arun Kumar Jha, J. – Learned counsels for the respective parties have been heard on the last date of hearing.

2. The petitioner has filed the instant writ petition seeking the following reliefs: –

“(i) For issuance of an appropriate Writ in nature of mandamus for quashing of order dated 13.08.2022 passed in confiscation case No. 480/2022 and consequential order dated 19.12.2022 passed in Excise Appeal case No. 519/2022 and order dated 09.02.2023 passed in Excise Revision Case No. 04/2023.

(ii) For the issuance of appropriate writ/order direction or writ in the nature of mandamus commanding the respondents to release the vehicle of the petitioner since the same is rotting in police station premises and is subject of decay.

(iii) For the issuance of appropriate writ/order direction to the respondents authorities that during the pendency of instant application the process of auction of said vehicle of the petitioner be stayed. iv. For grant of any other relief or reliefs to which the petitioner be found entitled in the law be granted to them.”

3. Briefly stated, the case of the petitioner is as follows: –

The petitioner is registered owner of Mahindra Scorpio vehicle bearing Registration

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