Sundari Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19924 of 2021 ====================================================== Sundari Devi, Wife of Late Bihari Chaudhary, Resident of VillageGuljarbigha, Dahachani Pokharpar, P.S.-Rajgir, District-Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Nalanda.

3.

The Superintendent of Police, Nalanda.

4.

The Police Inspector-cum-Officer In-charge, Rajgir Police Station, DistrictNalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vikash Kumar ( SC11 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-12-2021 Petitioner has prayed for following relief:- "That the instant application is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondent authority to release/unseal the House (Ramdiha Thana No. 485, Khata No. 332, Khasra No. 5396 Rakba 01 Dismil) which has been seized in connection with Rajgir P.S. Case No. 34/2020 dated 26.01.2020 for the alleged offence under sections 272, 273/34 of the Indian Penal Code and Sections 30(a)(b), 37(b)(c) of Bihar Prohibition and Excise Act, 2016, pending in the court of learned ADJ-III cum Special Judge (Excise), Biharsharif, Nalanda. "

Learned counsel for the petitioner seeks permission to

Patna High Court CWJC No.19924 of 2021 dt.23-12-2021 2/2 withdraw this application stating that final order of confiscation has been passed by the Confiscating Authority. In view of the above, this application is disposed of as withdrawn granting liberty to the petitioner to file appeal against the confiscation order passed by the Confiscating Authoritycum- District Magistrate, before the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 shall not be auction sold.

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