Sandeep Kumar Singh @ Sandeep Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14324 of 2019 ====================================================== Sandeep Kumar Singh @ Sandeep Prakash Singh, aged about 32 years (M), S/o Jay Prakash Singh Resident of Mohalla- Ward No. 20, Bhabua, P.S.- Bhabua, District - Kaimur.

... ... Petitioner

Versus

1.

The State of Bihar through its Commissioner, Excise Department, Govt. of Bihar.

2.

The Commissioner Excise, Bihar, Patna 3.

The Collector, Kaimur at Bhabua.

4.

The Superintendent of Excise, Kaimur at Bhabua. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Sahay Mr. Chandra Mohan Jha For the Respondent/s :

Mr. Vivek Prasad ( GP-7 ) Mr. A.C. to G.P.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 2.

14-10-2019 After some argument, Sri Ravi Shankar Sahay, learned counsel assisted by Sri Chandra Mohan Jha, learned counsel for the petitioner, in presence of learned A.C. to Govt. Pleader - 7, requests for disposal of the present writ petition so that petitioner may avail statutory remedy.

It was submitted by learned counsel for the petitioner that after order of confiscation, the petitioner had earlier filed a criminal writ petition, which was disposed of granting liberty to file civil writ petition and thereafter, the present writ petition

Patna High Court CWJC No.14324 of 2019(2) dt.14-10-2019 2/2 was filed. Accordingly, he requests that the period consumed in pursuing the criminal writ petition as well as present civil writ petition may be excluded while considering the limitation matter.

In view of submission made by learned counsel for the petitioner, the present writ petition stands disposed of granting liberty to the petitioner to avail statutory remedy. It goes without saying that the period consumed by the petitioner in pursuing the writ jurisdiction of this Court, after order of the confiscation proceeding, shall be excluded while considering the limitation matter.

With above observation, the writ petition stands disposed of.

(Rakesh Kumar, J.) ( Prakash Chandra Jaiswal, J.) anay U