Mostt. Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1513 of 2021 In Civil Writ Jurisdiction Case No.1456 of 2020 ====================================================== Mostt. Babita Devi Wife of Late Manohar Kumar, Resident of VillageKararbana Ward No.-6, P.S.-Sursand, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The Director General Of Police, Bihar, Patna. 3.

The District Magistrate, Sitamarhi.

4.

The Superintendent of Police, Sitamarhi, 5.

The Sub Inspector Excise, Sitamarhi.

6.

The A.S.I. of Excise Police, Sitamarhi, Excise Department, DistrictSitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/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 : 27-08-2021 Heard learned counsel for the parties.

This modification petition has been filed for modifying the order dated 23.01.2020 passed in CWJC No.1456 of 2020 by which the petitioner (husband of the present petitioner) was directed to appear in the office of the concerned appropriate authority / the concerned District Magistrate on 10th

Patna High Court MJC No.1513 of 2021 dt.27-08-2021 2/2 February, 2020 but her husband was suffering from several diseases and lastly on 27.07.2020, he succumbed to death. Since more than 19 months have already elapsed from the date of passing of the order and petitioner is not in a position to apprise this Court about the status of confiscation proceeding whether still pending before the confiscating authority or disposed of, as such, the modification petition is disposed of with liberty to petitioner to challenge the confiscation proceeding or any final order passed in the proceeding by way of filing fresh writ petition or to avail the statutory remedy provided under Excise Act.

The modification petition is accordingly disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) veena/-Rajiv AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA