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
Patna High Court CWJC No.1350 of 2026(2) dt.09-02-2026
2/7
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.
Patna High Court CWJC No.1350 of 2026(2) dt.09-02-2026
3/7
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
Patna High Court CWJC No.1350 of 2026(2) dt.09-02-2026
4/7
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
Patna High Court CWJC No.1350 of 2026(2) dt.09-02-2026
5/7
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
Patna High Court CWJC No.1350 of 2026(2) dt.09-02-2026
6/7
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
Patna High Court CWJC No.1350 of 2026(2) dt.09-02-2026
7/7
the present writ petition. Hence, the same stands dismissed.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
Nilmani/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.