Ajeet Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9966 of 2022 ====================================================== Ajeet Chaudhari Son of Chuha Chaudhari Resident of Village-Belouwa, P.S. Rajgir, District-Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Excise, Bihar Patna. 2.

The Excise Commissioner Patna. Bihar 3.

The Collector Cum District Magistrate, Nalanda. 4.

The Additional Collector Cum Additional District Magistrate, Nalanda at Biharshrif 5.

The Superintendent of Police, Nalanda.

6.

The S.H.O. Cum Officer in Charge, Rajgir Police Station, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Chandra, Advocate For the Respondent/s :

Mr.Kumar Manish (SC-5) ====================================================== 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 : 22-07-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.9966 of 2022 dt.22-07-2022 2/3 It is submitted on behalf of the State that petitioner has approached this Court without availing the remedy of revision against the order passed by the Excise Commissioner, who is the appellate authority.

The writ petition is disposed of with liberty to

Patna High Court CWJC No.9966 of 2022 dt.22-07-2022 3/3 petitioner to avail the remedy of revision before the Revisional Authority, and if any, such revision petition is filed, the same shall be decided and disposed of within four weeks. In view of amendment in the Excise Act, and same being applicable in pending case, it shall also be open for the petitioner to get his/her house unsealed 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.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date