Ramanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.687 of 2021 ====================================================== Ramanti Devi Wife of Chandrika Yadav Resident of Village- Chhawani, Ward No. 25, Police Station- Kalibagh O.P., Bettiah Town, District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Prohibition and Excise, Govt. of Bihar, Patna.

2.

The Commissioner, Prohibition and Excise, Govt. of Bihar, Patna. 3.

The District Magistrate, West Champaran at Bettiah. 4.

The Superintendent of Police, West Champaran at Bettiah. 5.

The Sub- Divisional Police Officer, West Champaran at Bettiah. 6.

The Superintendent, Excise, West Champaran at Bettiah. 7.

The Station House Officer, Muffasil (Bhanu Chapra O.P.), West Champaran at Bettiah.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv For the Respondent/s :

Mr. Vikash Kumar SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 24-03-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(I) For issuance or writ/writs, order/orders, direction/directions for quashing the order dated 03.09.2020 passed in Excise Appeal Case No. 45 of 2020 by Commissioner, Respondent NO. 2, Prohibition and Excise, Bihar, Patna, communicated to the petitioner vide Memo No. 3317 dated 01.10.2020, whereby and whereunder the order passed by respondent District Magistrate by invoking the power under section 58 of Bihar Prohibition and Excise Act, 016, as amended by Act 8 of 2018 has been affirmed and godown of petitioner directed to be confiscated and appeal has been dismissed."

Patna High Court CWJC No.687 of 2021 dt.24-03-2021 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 shall not be auction sold.

With aforesaid liberty, the writ petition is disposed of. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2021 Transmission Date NA