Sheo Chand Singh, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8347 of 2022 ====================================================== 1.

Sheo Chand Singh, Son of Late Rameshwar Singh, Residing at Saltee Spacio, Flat F3/31 K.B. Sarani, Mall Road, behind ILS Hospital, P.S. - Dumdum, P.O. - Dumdum, Distt. - Kolkata 700080 (West Bengal). 2.

Shambhu Nath Singh Son of Late Rameshwar Singh, Residing at 38, Shambhu Halder Lane, Salkia, P.S. - Malipanchghora, P.O. - Salkia, Distt. - Howrah - 711106 (West Bengal) 3.

Anup Singh, Son of Late Rameshwar Singh Residing at 38, Shambhu Halder Lane, Salkia, P.S. - Malipanchghora, P.O. - Salkia, Distt. - Howrah - 711106, (West Bengal) 4.

Ram Singh, Son of Late Rameshwar Singh, Residing at 281/14, G.T. Road, Bally (M), Liluah, P.S. and P.O. - Belur, Distt. - Howrah - 711204 (West Bengal).

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Additional Chief Secretary, Prohibition, Excise and Registration Department (Excise), Government of Bihar, Patna. 2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Nalanda, Biharsharif. 4.

The Additional Collector Cum Additional District Magistrate, Nalanda, Biharsharif.

5.

The Excise Superintendent, Nalanda, Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Respondent/s :

Mr.Vivek Prasad ( GP- 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 08-07-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

Patna High Court CWJC No.8347 of 2022 dt.08-07-2022 2/3 Petitioners have approached this Court without exhausting the statutory remedy of revision against the impugned order, as such, petitioners are granted liberty to avail the remedy of revision against the appellate order passed by the

Patna High Court CWJC No.8347 of 2022 dt.08-07-2022 3/3 Appellate Authority- cum- Excise Commissioner, before the revisional Authority and if any such revision is filed within 4 weeks then revisional authority shall condone the delay in filing the revision and shall decide the revision on its own merit preferably within 8 weeks from the date of its filing. During pendency of revision, the confiscated property/ vehicle shall not be auction sold, if not already auction sold. OR In view of amendment in the Excise Act, and same being applicable in pending case, it shall be open for the petitioners to get their garage/premises unsealed after making payment of penalty in terms of Rule 12(B) inserted by amending Bihar Prohibition and Excise Rules, 2021.

With aforesaid observation and direction, the writ petition stands disposed of.

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