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Patna High Court

Kale Bahadur ChhetriversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the auction notice cannot be challenged after finality of the confiscation order and the petition is barred by delay.

Summary

The petitioner sought to quash an auction notice dated 22.01.2022 for his Mahindra Blazo 40 truck, which had been confiscated after being used to transport illicit liquor. The vehicle was confiscated by the Collector‑cum‑District Magistrate on 03.09.2021, and the petitioner’s appeals and revision were dismissed by the Excise Commissioner (29.10.2021) and the Additional Chief Secretary (17.02.2022). The High Court earlier allowed the petitioner to avail the amended provisions of Rules 12(A) and 57B of the Bihar Prohibition and Excise (Amendment) Rules, 2022, but the vehicle was auctioned before he could do so. The petitioner now argued that the auction should be set aside and the vehicle released upon payment of a penalty, relying on a prior decision (Shanti Devi v. State of Bihar). The Court held that the confiscation and subsequent orders had attained finality, the auction had already occurred, and the petition was barred by a four‑year delay and the doctrine of latches, distinguishing the earlier case. Consequently, the writ petition was dismissed for lack of merit.

Issues considered

  • Whether the petition to quash the auction notice is maintainable after the confiscation order and appellate decisions have attained finality.
  • Whether the petition is barred by limitation and the doctrine of latches due to a four‑year delay.
  • Whether the petitioner is entitled to release of the vehicle upon payment of penalty under Rules 12(A) and 57B of the Bihar Prohibition and Excise (Amendment) Rules, 2022.
  • Whether the precedent set in Shanti Devi v. State of Bihar is applicable to the present facts.

Subjects

  • auction
  • confiscation
  • excise law
  • limitation
  • delay
  • latches
  • writ petition
  • penalty
  • vehicle seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1350 of 2026
                 ======================================================
                 Kale Bahadur Chhetri Son of Harilal Chettri, Resident of Bhurrabari Basti,

                 Carron Luksan Bazzar Tea Garden, Jalpaiguri (West Bengal), at present

                 residing at NST Colony, Kohima, Nagaland.



                                                                               ... ... Petitioner/s

                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Registration, Excise and

                 Prohibition Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Excise, Bihar, Patna.
           3.    The Commissioner Excise, Bihar, Patna.
           4.    The Collector/District Magistrate, Sitamarhi.
           5.    The Superintendent of Police, Sitamarhi.
           6.    The Excise Superintendent, Sitamarhi.
           7.    The Sub Inspector, Excise, Flying Squad, Sitamarhi.


                                                                             ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Pallav Sharma, Advocate
                                               Mr. Kuldeep Thakur, Advocate
                                               Mr. Pulkit Thakur, Advocate
                 For the Respondent/s   :      Mr. Vikash Kumar, SC-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   09-02-2026                   The present petition has been filed for quashing the

                   auction notice dated 22.01.2022 by which the vehicle of the
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          petitioner is sought to be auctioned and for further directing the

          authorities to handover the vehicle to the petitioner upon

          payment of penalty.

                      2. The facts of the present case lie in a narrow

          encompass, inasmuch as on 19.07.2021, the SSB personnel

          posted at Sitamarhi, during the course of search had

          apprehended one Mahindra Blazo 40 (Container Truck) bearing

          Registration No. NL01AD1699 and recovered 10.800 liters of

          illicit Nepali liquor as also arrested one Sunil Kumar. The said

          Sunil Kumar, who was driving the said vehicle was arrested and

          then a case was lodged by the Additional Inspector, Prohibition,

          Sitamarhi by filing an application before the Additional Sessions

          Judge, 2nd cum Special Judge, Sitamarhi leading to registration

          of a case bearing G.O. 129 of 2021. Thereafter, confiscation

          proceedings vide Confiscation Case No. 158/2021 was initiated

          by the learned Collector, Sitamarhi and vide order dt.

          03.09.2021, the said vehicle was directed to be confiscated.

                      3. The petitioner had then filed an appeal bearing

          Excise Appeal Case No. 710 of 2021, however the same was

          dismissed by the learned Excise Commissioner, Patna vide order

          dated 29.10.2021. The said order dated 29.10.2021 was

          challenged by the petitioner by filing Excise Revision Case No.
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          31 of 2022, however the same has also stood dismissed by an

          order dated 17.02.2022, passed by the learned Additional Chief

          Secretary, Bihar, Patna. It appears that thereafter, the aforesaid

          vehicle was put on auction vide notice dated 22.01.2022 and the

          auction is stated to have been held on 09.2.2022. The petitioner,

          in the meantime had approached this Court challenging the

          aforesaid orders dated 03.09.2021, passed by the Ld. District

          Magistrate, Patna, the order dated 29.10.2021, passed by the

          Excise Commissioner, Bihar, Patna and the order dt. 17.02.2022

          passed by the Ld. Additional Chief Secretary, Excise, Bihar,

          Patna in Excise Revision Case No. 31 of 2022, however a Co-

          ordinate Bench of this Court by an order dated 6.5.2022, passed

          in the writ petition filed by the petitioner, i.e. C.W.J.C. No. 4982

          of 2022, had though refrained from interfering with the

          aforesaid orders passed by various authorities up to the revision

          stage, nonetheless had granted liberty to the petitioner to avail

          the remedies of the amended provisions contained in 12 (A) and

          57 B of the Bihar Prohibition and Excise (Amendment) Rules,

          2022     (hereinafter      referred     to     as   the   ‘Rules,   2022’).

          Unfortunately, the petitioner having lost from everywhere and

          the vehicle in question having been auctioned in the meantime,

          he was not left with the remedy of availing the benefit of the
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          provisions contained in 12 (A) and 57 B of the Rules, 2022.

                      4. The learned counsel for the petitioner has though

          admitted that the petitioner has lost from everywhere up to the

          revisional stage and the said orders of various authorities have

          also not been interfered with by a Co-ordinate Bench of this

          Court in the earlier round of litigation, nonetheless it has been

          submitted that the vehicle in question ought to be released in

          favor of the petitioner upon payment of penalty. In this

          connection, reliance has been placed on a judgment rendered by

          a Co-ordinate Bench of this Court dated 30.01.2024, passed in

          C.W.J.C. No. 10227 of 2022 (Shanti Devi vs. the State of

          Bihar & Ors.) to contend that the auction cannot take place

          during the pendency of revision petition.

                      5. Per contra, the learned counsel for the State has

          submitted that the present writ petition is hopelessly barred by

          limitation on account of delay and latches on the part of the

          petitioner in approaching this Court after a delay of more than

          four years inasmuch as the petitioner is seeking to challenge the

          auction notice dated 22.01.2022 in the year 2026 when the lis in

          question has already attained finality.

                      6. We have heard the learned counsel for the parties

          and gone through the materials on record and find that the order
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          dated     03.09.2021       passed       by     the   Collector-cum-District

          Magistrate, Sitamarhi in Excise Confiscation Case No. 158 of

          2021 whereby and whereunder the vehicle of the petitioner has

          stood confiscated, the order dated 29.10.2021 passed in the

          appeal filed by the petitioner whereby and whereunder the said

          appeal bearing Excise Appeal Case No. 710 of 2021 has stood

          dismissed and the order dated 17.02.2022 whereby and

          whereunder the revision petition filed by the petitioner bearing

          Excise Revision Case No. 31 of 2022 has also been dismissed

          have attained finality inasmuch as the petitioner had earlier filed

          a writ petition bearing C.W.J.C. No. 4982 of 2022, challenging

          the aforesaid orders passed by various authorities up to the

          revision stage, however a Co-ordinate Bench of this Court vide

          order dated 06.05.2022 had refrained from interfering with the

          same. Now, having lost from everywhere and the vehicle in

          question having also been auctioned in the meantime, the

          petitioner has come out with a ploy, in the garb of challenging

          the auction notice dated 22.01.2022, which is not permissible

          under the law inasmuch as the consequence of the aforesaid

          confiscation order dt. 03.9.2021 as upheld by the appellate order

          dated 29.10.2021 and the revisional order dated 17.02.2022 as

          also not interfered with by this Court in the earlier round of
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          litigation is only one, i.e. auction of the vehicle in question,

          which has already taken place. Therefore, challenge to the

          auction notice dt. 22.01.2022, by which the vehicle of the

          petitioner was put on auction, at this juncture is not tenable in

          the eyes of law, hence the present writ petition is fit to be

          dismissed being bereft of any merit. As far as the judgment

          rendered by a Co-ordinate Bench of this Court in the case of

          Shanti Devi (supra) is concerned, the same is distinguishable in

          the facts & circumstances of the present case.

                      7. Last but not the least, we are of the view that the

          present writ petition is also barred by the principles of delay and

          latches inasmuch as the present writ petition has been filed after

          an inordinate delay of more than 4 years, hence this Court is not

          under any legal obligation to entertain the writ petition,

          especially considering the fact that the petitioner has not offered

          any reason whatsoever, for the enormous delay which has taken

          place in approaching this Court, thus the present writ petition is

          fit to be dismissed on this ground as well. We may refer to the

          well-known maxim-“equity aids the vigilant and not those who

          slumber on their rights”.

                      8. Having regard to the facts and circumstances of the

          case and for the foregoing reasons, we do not find any merit in
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                      the present writ petition. Hence, the same stands dismissed.



                                             (Mohit Kumar Shah, J)


                                             ( Alok Kumar Pandey, J)
Nilmani/-

U


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