Dineshwar Prasad vs The State Of Bihar
2021 Latest Caselaw 3935 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.13709 of 2021
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Dineshwar Prasad S/o Late Ganauri Ram Resident of Mohalla- New Arfabad Colony Nalapar, P.S.- Alamganj, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

2. The Collector, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Commissioner Excise, Bihar, Patna.

5. The Assistant Commissioner Excise, Patna.

6. The SHO, Alamganj P.S., Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Suryadeo Prasad Singh Mr. Harendra Kumar, Advocates 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) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 03-08-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

(i) For quashing the order dated 04.05.2021 passed by Excise Commissioner Bihar, Patna in Excise Appeal Case No.332 of 2021.

(ii) For quashing the order dated 12.02.2021 passed in confiscation case NO.1565 of 2018-19.

(iii) Any other relief or reliefs as deem fit and proper."

Patna High Court CWJC No.13709 of 2021 dt.03-08-2021

Petitioner has approached this Court without availing

the statutory remedy of revision against the impugned appellate

order, as such, liberty is granted to petitioner to file revision

against the appellate order before the Revisional Authority and

if any such Revision is filed within 4 weeks, then Revisional

Authority shall condone the delay in filing the revision petition

and shall decide the revision petition preferably within 8 weeks

from the date of its filing on its own merit.

During pendency of revision petition, confiscated

property / vehicle shall not be auction sold, if not already

auction sold.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.08.2021
Transmission Date       NA