Sakunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10711 of 2022 ====================================================== Sakunti Devi W/o Awadhesh Chaudhary, Residence at Village- Noorsarai (Sahsaray) Ward No.- 12, P.S.- Nursarai, District- Nalanda, Pin Code- 803113 ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Cum Collector, Nalanda at Bihar Sharif. 3.

The Senior Superintendent of Police, Nalanda. 4.

The Superintendent of Police, Excise and Prohibition, Nalanda. 5.

The Station House Officer, P.S.- Noorsarai (Bihar Sharif). ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

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

Mr.Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 29-07-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.10711 of 2022 dt.29-07-2022 2/3 Petitioner has approached this Court without exhausting the statutory remedy of appeal 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, the confiscated vehicle/property shall not be auction sold, if not already auction sold.

Patna High Court CWJC No.10711 of 2022 dt.29-07-2022 3/3 Petitioner is also at liberty to get his/her vehicle released on payment of penalty in terms of Rule 12(A) inserted by amending Bihar Prohibition and Excise Rules, 2021. With said observation and direction, this writ petition is disposed of.

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