Court No. - 18
Case :- WRIT - C No. - 34765 of 2018 Petitioner :- Pradeep Kishore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shriprakash Mishra,Yatish Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Petitioner is before this Court assailing the seizure/auction order dated 23.3.2018 passed by District Magistrate in case no. 545 of 2017 (Computerized Case No. D201707480545) State VS. Pradeep Kishore, under Section 72 of U.P. Excise Act 1910, by which the petitioner's motorcycle having registration No. UP 93 AY 9906 has been seized and prayed for a mandamus directing the second respondent to release the vehicle in question.
Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel has raised an objection that against the seizure order, the petitioner has got efficacious alternative remedy by preferring an appeal before the learned District Judge and as such the writ petition is liable to be dismissed on the ground of statutory alternative remedy.
In response to the objection, learned counsel for the petitioner states that some reasonable time may be accorded so that he may approach to the appropriate Forum/Court.
In the facts and circumstances, no useful purpose would be served to keep the writ petition pending and the same stands disposed of with the direction, in case, any such appeal is being preferred by the petitioner within two weeks from today before the Court concerned, the same may be decided, in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order.
Order Date :- 12.10.2018 A.K.Srivastava