Chaturbhuj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9428 of 2022 ====================================================== Chaturbhuj Singh Son of Late Shivnandan Singh Resident of VillageKabilpur, P.S- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Excise Department. 2.

The Commissioner of Excise, Muzaffarpur, Government of Bihar. 3.

The Deputy Commissioner Excise, Muzaffarpur, Government of Bihar. 4.

The District Collector, Muzaffarpur, Government of Bihar. 5.

The Superintendent of Police, Muzaffarpur, Government of Bihar. 6.

S.H.O. Kanti Police Station, Muzaffarpur, Bihar 7.

S.I. (Panapur O.P. Officer), Kanti Police Station, Muzaffarpur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rohit Kumar, Advocate For the Respondent/s :

Mr.Vivek Prasad ( Gp ) ====================================================== 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 : 29-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

Patna High Court CWJC No.9428 of 2022 dt.29-07-2022 2/3 Petitioner has approached this Court without exhausting the statutory remedy of appeal/revision against the impugned order, as such, petitioner is granted liberty to avail the remedy of appeal against the confiscation order passed by the Confiscating Authority- cum- District Magistrate, before the Appellate Authority and if any such appeal is filed within 4 weeks then appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing.

During pendency of appeal/revision petition, confiscated property shall not be auction sold, if not already auction sold.

In view of amendment in the Excise Act, and same being applicable in pending case, it shall be open for the petitioner to get his/her house/property unsealed after making payment of penalty in terms of Rule 12(B) and 57(B) inserted by amending Bihar Prohibition and Excise Rules, 2021. With aforesaid observation and direction, the writ

Patna High Court CWJC No.9428 of 2022 dt.29-07-2022 3/3 petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.08.2022 Transmission Date NA