Neutral Citation No. - 2025:AHC:134865 Court No. - 92 Case :- MATTERS UNDER ARTICLE 227 No. - 5349 of 2025 Petitioner :- Shamim Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Respondent :- G.A. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. The present petition has been filed against the order dated 27.2.2025 passed by the Sessions Judge, Chandauli in Criminal Revision No. 141 of 2024 (Shamim Ahmad Versus State of U. P.), by which revision filed by the petitioner against the order dated 17.9.2024 passed by the District Magistrate, Chandauli in Case No. 697 of 2024 (State Versus Shamim Ahmad and others) by which vehicle of the petitioner has been confiscated under Section 5 (A) of U. P. Prevention of Cows Slaughter Act 1955, as amended from time to time, has been rejected. 3. Learned counsel for the petitioner has submitted that by the time, the order passed by the Sessions Judge, Chandauli in Criminal Revision No. 141 of 2024 came into effect, a Government Order vide Notification No. U.O./77 U.O.-/VI-P- 9-2024 was issued by the Government of U. P. on 15.10.2024. 4. Learned counsel for the petitioner has contended that the case of petitioner relates back to the time when Notification No.U.O./77 U.O.-/VI-P-9-2024, dated 15.10.2024 was not in existence, and therefore, the said notification is not applicable to the facts and circumstances of the case of the petitioner, so far as the remedy, which has been provided by the said notification, that a revision shall lie against the order passed by the District Magistrate confiscating any vehicle under U. P. Prevention of Cows Slaughter Act 1955, as amended from time to time. 5. On the other hand, learned AGA appearing for the State has submitted that any notification comes into force and takes effect from the date of issuance. The said notification has been issued for the purpose and intent of providing adequate and efficacious remedy to the parties that, they can approach Divisional Commissioner of the concerned Division, if aggrieved by any order passed by the District Magistrate in respect of confiscation of the vehicle under U. P. Prevention of Cows Slaughter Act 1955 and further submitted that so far as the notification is concerned, the said notification has been taken cognizance by a Division Bench of this Court in Criminal Misc. Writ Petition No. 14242 of 2025; Nitesh Kumar Versus Stae of U. P. and two others, wherein, the remedy which has been provided in the said notification dated 15.10.2024, has been upheld and the parties have been given liberty to approach the concerned Divisional Commissioner in the event their vehicle has been confiscated by the District Magistrate under the U. P. Prevention of Cows Slaughter Act 1955, as amended from time to time in the State of U. P. and an order of rejection has been passed by the District Magistrate. 6. Having regard to the facts and circumstances of the case and the fact that the Government of U. P. has already issued notification dated 15.10.2024, providing efficacious alternative remedy to any aggrieved party, whose vehicles have been seized by the District Magistrate, being the competent authority, in that event, it shall remain open to any party to challenge the same in the revisional jurisdiction before the Divisional Commissioner of the concerned Division. At this stage, without entering into any other controversy, it is directed that the petitioner shall be at liberty to approach the Divisional Commissioner against the order dated 17-09-2024 passed by the District Magistrate, Chandauli. It is further directed that if the said revision is presented by the petitioner before the Divisional Commissioner of the concerned Division, the question raised by the Commissioner in respect of the delay in preferring the same, shall not come in the way of seeking relief by the petitioner. It is also directed that till the revision is filed before the Divisional Commissioner, the vehicle shall not be disposed of / auctioned. 7. With the above observations, this petition stands disposed of. It is also expected to the Divisional Commissioner to decide the said revision as expeditiously as possible, preferably within a period of six months from the date of filing of the said revision. Order Date :- 7.8.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad