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Patna High CourtCWJC/21767/2019disposed

Parwati Devi @ Sarbatiya Devi v. The State Of Bihar

2020-01-14The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21767 of 2019 ====================================================== Parwati Devi @ Sarbatiya Devi wife of Ramfal Sah Resident of VillageSabalpur, Post Office- Digghi, P.S. Laxmipur, District- Jamui, Bihar- 811312. ... ... Petitioner/s

Versus

1.

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

2.

The Collector-Cum- District Magistrate, Jamui. 3.

The Superintendent of Police, Jamui, District- Jamui. 4.

The Excise Superintendent, Jamui, District- Jamui. 5.

The Officer-in- Charge, Laxmipur Police Station, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Respondent/s :

Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 14-01-2020 Petitioner has prayed for the following relief:- "For issuance of appropriate writ in the nature of certiorari for setting aside the order dated 07.06.2019 passed in Confiscation Case No. 56 of 2017 by the Respondent No. 2 as contained in Annexure-4 whereby and whereunder learned respondent No. 2 was pleased to pass auction order in Confiscation Case No. 56 of 2017 arising out of Laxmipur P.S.Case No. 97 of 2017 and further for direction to stop auction of the shop of the petitioner immediately."

It has come on record that Confiscation Case No. 56

Patna High Court CWJC No.21767 of 2019(3) dt.14-01-2020 2/2 of 2017 already stands concluded and petitioner has preferred an Appeal being Appeal No. 40 of 2019.

As such, in our considered view, no other and further order can be passed in the present petition, save and except which is being passed herein under, on mutually agreeable terms:-

(1) The parties undertake to join and fully cooperate in the said proceedings.

(2) It is expected of the authority concerned to decide the said appeal expeditiously and preferably within a period of three months.

(3) All issues left open.

The writ petition stands disposed of in the aforesaid terms.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U