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Patna High CourtCWJC/13709/2021disposed

Dineshwar Prasad v. The State Of Bihar

2021-08-03The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13709 of 2021 ====================================================== Dineshwar Prasad S/o Late Ganauri Ram Resident of Mohalla- New Arfabad Colony Nalapar, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Collector, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Commissioner Excise, Bihar, Patna.

5.

The Assistant Commissioner Excise, Patna.

6.

The SHO, Alamganj P.S., Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suryadeo Prasad Singh Mr. Harendra Kumar, Advocates For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== 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 : 03-08-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- (i) For quashing the order dated 04.05.2021 passed by Excise Commissioner Bihar, Patna in Excise Appeal Case No.332 of 2021.

(ii) For quashing the order dated 12.02.2021 passed in confiscation case NO.1565 of 2018-19.

(iii) Any other relief or reliefs as deem fit and proper."

Patna High Court CWJC No.13709 of 2021 dt.03-08-2021 2/2 Petitioner has approached this Court without availing the statutory remedy of revision against the impugned appellate order, as such, liberty is granted to petitioner to file revision against the appellate order 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 petition and shall decide the revision petition preferably within 8 weeks from the date of its filing on its own merit. During pendency of revision petition, confiscated property / vehicle shall not be auction sold, if not already auction sold.

With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.08.2021 Transmission Date NA