Mr. Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19695 of 2021 ====================================================== Mr. Sumit Kumar Son of Sri Akhilesh Kumar Resident of Village- Sonama, Sonawan Kothia, P.S.- Didarganj, District- Patna, Bihar- 800009. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The Collector-cum- District Magistrate, Patna. 4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police, Patna West 6.

The Station Head Officer, Danapur Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurv Harsh, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following reliefs: -

2/4 Learned counsel appearing on behalf of the petitioner states that the petitioner was not aware of the order passed by the authority, confiscating the property under the provisions of the Bihar Prohibition & Excise Act, 2016. He further states that petitioner be permitted to prefer an appeal and other remedies under the statute, should the need so arise subsequently. Permission granted.

As such, the petition stands disposed of in the following terms:- (a) Petitioner is permitted to prefer an appeal within a period of four weeks from today;

(b) In the event of appeal being preferred within a period of four weeks from today, the issue of limitation shall not come in the way of adjudication of the appeal on merits; (c) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so

3/4 required and desired;

(d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment; (e) The Appellate Authority shall decide the appeal on merits, in compliance of the principles of natural justice; (f) The Appellate Authority shall pass a reasoned and speaking order, within a period of 30 (thirty) days from the date of filing of the appeal;

(g) Copy of the reasoned and speaking order passed by the Appellate Authority shall be supplied to the parties; (h) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(i) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (j) We have not expressed any opinion on merits and all issues are left open;

(k) It shall be open for the petitioner to prefer a petition for revision within the statutory period of limitation and the Revisional Authority shall also decide the same within

4/4 the period stipulated in the Statute.

(l) Till such time such proceedings are completed, status quo as on date shall be maintained.

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 24.12.2021 Transmission Date