Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19261 of 2019 ====================================================== Manju Devi W/o Shyam Prasad Sah R/o Vill- Chakai, P.S.- Tola Bazar Chakai, Dist- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Registration, Exercise and Prohibition, Government of Bihar, Patna. 2.

The Exercise Commissioner, Bihar, Patna.

3.

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

The State of Bihar through the Director General of Police, Bihar. 5.

The Superintendent of Police, Jamui.

6.

The Station House Officer, Chakai Police Station, Dist- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Respondent/s :

Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 16-12-2019 Since this writ petition has been preferred for setting a side the final order dated 25.1.2019 passed by learned District Magistrate, Jamui, in Confiscation Case No. 93/2017 and there is specific provision of appeal under Section 92(2) of Bihar Prohibition and Excise Act, 2016, we are of the view that this writ petition is not maintainable.

In the facts and circumstances of the case, the petitioner may take legal recourse in accordance with law, and

Patna High Court CWJC No.19261 of 2019(2) dt.16-12-2019 2/2 the period spent by the petitioner in pursuing this writ petition before this Court, shall be deemed to be condoned in pursuing her legal recourse against the seizure of his shop. Accordingly, this writ petition stands disposed of being not maintainable.

(Hemant Kumar Srivastava, J) ( Prabhat Kumar Singh, J) Spd/- U