53.wp-7559-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7559 OF 2026 Manishkumar Karishbai Patel … Petitioner Versus U T Administration of Dadra and Nagar Haveli and Daman and Diu and ors. .… Respondents **** Adv. Mahaling Pandarge, Adv. Abhijeet Sammi, for the petitioner. Mr./Smt./Ms. , AGP for the respondent-State. Adv. Harsh Dedhia, for respondents. **** CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 5th OCTOBER 2026 P.C. : 1. Heard the learned Counsel for the Petitioner. 2. The challenge in this Petition is to the Confiscation Order dated 1/6/2025 regarding the vehicle in question i.e. Hyundai Creta (GJ-15-CF-9692) and seeks a Writ of Mandamus for its immediate release, following the Respondents’ failure to provide a hearing and the discovery of the vehicle’s unauthorised personal use by government officials. The submissions of the learned Counsel for the Petitioner is that merely because the vehicle was in close proximity with another vehicle involved in transporting Talwalkar 1 ARUNA SANDEEP TALWALKAR Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2026.10.06 15:09:54 +0530 53.wp-7559-2026.doc liquor bottles, the Petitioner cannot be penalised. 3. We find that the Petitioner has filed Appeal and Application for release of Vehicle before the Deputy Commissioner of Excise, U.T. Administration of Dadra & Nagar Haveli and Daman & Diu, Silvassa. The learned Counsel for the Petitioner submits that said appeal be heard and finally decided. Considering that the vehicle is confiscated on 1/6/2025, the Deputy Commissioner of Excise, Silvassa to hear and decide the appeal expeditiously, in any case within a period of 4 weeks from the receipt of intimation of this order and convey the decision the Petitioner. 4. The learned Counsel for the Respondents submits that the appeal would lie before the Administrator and not before the Deputy Commissioner of Excise, Silvassa before whom the Appeal is filed. The Deputy Commissioner of Excise may transfer the said appeal to the Administrator. 5. The learned Counsel for the Petitioner submits that he would argue the appeal before the Administrator. The Petitioner is permitted to carry out necessary amendments in the appeal. All contentions are kept open. 6. The appeal be decided within 4 weeks on communication Talwalkar 2 53.wp-7559-2026.doc of this order, on its own merits and in accordance with law. 7. With the above observations, the Writ Petition is disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Talwalkar 3