ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 05-12-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

“(i) For issuance of writ in the nature of certiorari for quashing of order dated 26.08.2022 passed by Respondent no.3 in Misc (Excise) Case No.17 of 2021-22 whereby petitioner’s vehicle Scorpio bearing No.BR-11PB-9995 has been confiscated and by the said order he has directed to Superintendent of excise, Bhagalpur to sell the vehicle through open auction.

(ii) For issuance of writ in the nature of Mandamus direction to Respondents to release the petitioner’s vehicle Scorpio bearing BR-11PB-9995 in favour of petitioner.

(iii) For issuance of appropriate writ, order, direction save and except in accordance with law.”

2. Learned counsel for the respondents-State raised a preliminary objection to the extent that the present writ petition has been filed after one year from the date of cause of action accrued to the petitioner insofar as confiscation read with the auction proceedings dated 26.08.2022 and 06.10.2022 respectively.

3. For filing writ petition, there is no time limit stipulated. In the absence of stipulation of time lim