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Patna High CourtCWJC/9243/2023disposed

Arti Devi v. The State Of Bihar

2023-07-10Mr. Justice P. B. Bajanthri,Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9243 of 2023 ====================================================== Arti Devi W/o of Krishna Singh, resident of Sarimpur Road Golambar, Dist. - Buxar, Bihar - 802101.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The Commissioner, Excise and Prohibition Department, Government of Bihar, Patna.

4.

The District Magistrate Cum Collector, Buxar. 5.

The Sub-Divisional Magistrate, Buxar.

6.

The Superintendent of Police, Buxar.

7.

The Circle Officer, Buxar.

8.

The Sub-Inspector of Police, Town Police Station, Buxar. 9.

The Officer-in-Charge, Town Police Station, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajat Kumar Tiwary, Advocate Mr. Deepak Sharma, Advocate For the Respondent/s :

Mr.Vikash Kumar, SC-11 Mr. Akash Chaturvedi, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 10-07-2023 The present writ petition is premature for the reasons that the petitioner has statutory remedy of appeal against the impugned order, under Section 92 of Bihar Prohibition and Excise Act, 2016.

2. The petitioner is permitted to take each and every contentions in appeal and further he is permitted to file

Patna High Court CWJC No.9243 of 2023(2) dt.10-07-2023 2/2 interlocutory application for grant of interim relief, if any. If such appeal as well as interlocutory application is filed before the appellate authority, the appellate authority is hereby directed to decide the interlocutory application within a period of one week from the date of filing of such interlocutory application as well as main appeal.

3. With the above observation, the present writ petition stands disposed of as premature.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) Amrendra/- U