Prabha Kunwar @ Prabha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10903 of 2022 ====================================================== Prabha Kunwar @ Prabha Devi Wife of Late Rama Shankar Singh @ Banarasi Chandrabanshi, Resident of Village New Deliya Ward No. 20, P.S. Dehri, District - Rohtas.

... ... Petitioner/s

Versus

1.

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

2.

The Excise Commissioner, Patna.

3.

The District Magistrate, Sasaram, Rohtas.

4.

The Superintendent of Police, Sasaram, Rohtas. ... ... 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.Rajesh Kumar Singh, Adv For the Respondent/s :

Mr.Vivek Prasad ( GP 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 05-08-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.10903 of 2022 dt.05-08-2022 2/3 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 impugned 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 as the matter remain pending before this Court and shall decide the revision petition on its own merit preferably within 8 weeks from the date of its filing.

During pendency of revision, the confiscated property shall not be auction sold, if not already auction sold. Petitioner is also at liberty to get his/her house released on payment of penalty in terms of Rule 12(B) inserted by amending Bihar Prohibition and Excise Rules, 2021. With said observation and direction, this writ petition is

Patna High Court CWJC No.10903 of 2022 dt.05-08-2022 3/3 disposed of.

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