Patna High Court
Prem Piyush GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petitioner is granted liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016, and the writ petition is disposed.
Summary
Petitioner Prem Piyush Gupta filed a writ petition seeking to set aside the Collector cum District Magistrate's order dated 18‑10‑2025 that confiscated his Maruti Suzuki car (Regn. No. MP21CB7786) and ordered its auction. The petitioner argued that he should be allowed to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. The Court granted liberty to file the appeal within four weeks and directed that the appellate authority decide the matter without being barred by limitation, delivering a reasoned order within six weeks. The Court further ordered that the writ petition stand disposed on these terms. Consequently, the petition was dismissed, allowing the petitioner to pursue the statutory appeal.
Issues considered
- Whether the petitioner is entitled to liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 against the confiscation order.
- Whether the writ petition should be dismissed pending the statutory appeal.
Legislation cited
Subjects
- vehicle confiscation
- excise law
- writ petition
- statutory appeal
- limitation period
- auction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.912 of 2026
======================================================
Prem Piyush Gupta Son of RamJanak Gupta, Resident of Village- Naya Gaon
Lakhera, P.S.- Lakhera, District- Katni (MP).
... ... Petitioner
Versus
1. The State of Bihar.
2. The District Magistrate, Kaimur (Bhabua).
3. The Superintendent of Police, Kaimur (Bhabua).
4. The Superintendent of Prohibition, Kaimur (Bhabua).
5. The Station House Officer, Mohaniya Police Station Kaimur (Bhabua).
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the State : Mr. Chandra Shekhar Singh, AC to G.A. 10
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 28-01-2026 The present petition has been filed for setting aside
the order dated 18.10.2025 passed by the Collector cum District
Magistrate, Kaimur at Bhabhua in Excise (Vehicle Confiscation)
Case No. 309 of 2025 whereby and whereunder Maruti Suzuki
Car bearing Registration No. MP21CB7786 of the petitioner has
been confiscated and it has been further directed to put the same
on auction.
2. At the outset, the learned counsel for the petitioner
submits that the petitioner be granted liberty to challenge the
said order dated 18.10.2025 passed by the learned Collector
Patna High Court CWJC No.912 of 2026(2) dt.28-01-2026
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cum District Magistrate, Kaimur at Bhabhua by filing
appropriate appeal under Section 92 of the Bihar Prohibition
and Excise Act, 2016. Liberty, so sought, is granted.
3. It is needless to state that in case appropriate appeal
is filed before the appellate authority within a period of four
weeks from today, the appellate authority shall consider the
same without being impeded by the issue of limitation and pass
a reasoned and a speaking order in accordance with law within a
period of six weeks, thereafter.
4. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
shahzad/-
amitkumar
U
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