Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7947 of 2021 Petitioner :- Achhar Mohammad Respondent :- The State Of U.P. And Another Counsel for Petitioner :- A.Z.Khan Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard Sri A.Z. Khan, learned counsel for the petitioner and Mrs. Archana Singh, learned AGA-I for the State.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.12.2019, passed by Collector and District Magistrate- Varanasi, in Case No. 05655 of 2019, under Section 72 of Uttar Pradesh Excise Act-1910, Police Station- Mirzamurad, District- Varanasi.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the Station House Officer to release the vehicle in question in favour of the petitioner within stipulated period fixed by this Hon'ble Court."
Learned A.G.A. has raised a preliminary objection to the writ petition on the ground that against the order impugned, petitioner has efficacious remedy under Section 72(6) of U.P. Excise Act, 1910, to file appeal before District Magistrate.
Heard learned counsel for the both sides and gone through the material placed on record, it is apparent that as per sub-Section (7) of Section 72 of United Provinces Excise Act, 1910, any person aggrieved by an order of the confiscation under sub- section(2) or sub-section (6) may, within one month from the date of the communication to him of such order, appeal to such judicial authority as the State Government may appoint in this behalf and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against. The judgement of this Court in Shiv Prasad vs. State of U.P. and Anr., 1991 (28) ALR 487, has held that the District Judge is the Appellate Judicial Authority and the appeal should have been disposed of by the District Judge himself.
It has been held in the case of Sahab Singh vs. State of U.P., 2003 (46) ACC 157, that Section 72 of the U.P. Excise Act, 1910, provides for confiscation proceedings. The confiscation order can be passed by the Collector. Sub-section (7) of Section 72 provides that against the order of confiscation, appeal lies to such judicial authority as may be appointed in that behalf by the State Government. The State Government has appointed the "District Judge" to hear such appeals. Hence, there is no reason to bypass the statute forum.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner and in case any such appeal is being preferred by the petitioner within two weeks from today, the same would be entertained on the merit of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 Kamarjahan