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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, PRAVEEN KUMAR
Bhagwan Mistri @ Bhagwan Sharma Son of Ramdhani Mistri – Appellant
Versus
State of Bihar through the Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar – Respondent
| Table of Content |
|---|
| 1. requirement for compliance with statutory provisions in confiscation. (Para 7) |
| 2. writ petition disposed with directions for release of vehicle. (Para 8) |
JUDGMENT :
The present writ petition has been filed for quashing the order dated 19.2.2025, passed by the Deputy Collector, Land Reforms Department-cum-Presiding Officer, Aurangabad in connection with Confiscation Case No. 46/2024, whereby and whereunder an order for confiscation of the vehicle of the petitioner bearing Registration No. JH-03AC-8034 has been passed along with the order to confiscate 24 other vehicles.
3. The learned Court of Deputy Collector, Land Reforms Department-cum-Presiding Officer, Aurangabad had initiated confiscation proceedings qua the vehicle of the petitioner and other vehicles and a composite order of confiscation, pertaining to 25 vehicles has been passed as also it has been directed to get the valuation of the said vehicles done, whereafter action be taken to auction the same.
5. Per contra, the learned counsel appearing for the State has referred to the counter affidavit, filed in the present case and has submitted that notice was issued to the owner of the vehicles in question throug
Confiscation orders must provide reasons and allow affected parties the opportunity to be heard, or they will be deemed invalid.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
Verification of theft is necessary before confiscation of a vehicle under the Bihar Prohibition and Excise Rules.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
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