Patna High Court
Shivraj Chaudhary @ Shivraj ... vs The State Of Bihar on 24 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14482 of 2021
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Shivraj Chaudhary @ Shivraj Chaudhari, Son of Prayag Chaudhari, Resident
of Village-Saidpur, P.S.-Khizersarai, District-Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Govt. of Bihar, Patna.
2. The Collector cum District Magistrate, Gaya.
3. The Superintendent of Police, Gaya.
4. The Superintendent of Excise, Gaya.
5. The Officer in Charge, Khizersarai, P.S., District-Gaya.
6. The Circle Officer, Khizersarai, District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Respondent/s : Mr.Kumar Manish (SC-5)
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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 : 24-08-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"1. That the present writ application is being
directed for issuance of a writ in the nature of Certiorari
or any appropriate writ / writs for quashing the impugned
order dated 15.04.2021, Passed by the Respondent
Collector cum District Magistrate, Gaya, in Confiscation
Case No. 11 of 2021 arising out of Khizersarai P. S. Case
No. 193 of 2020 registered U/Ss 30 (a), (c) (d) of Bihar
Prohibition and Excise (Amendment) Act 2018 whereby
and whereunder the respondent District Magistrate Gaya
directed to confiscate the Shiv Bhog Flour Mill together
with piece of land belonging to the Petitioner, which is let
out on rent to the tenant namely Krishna Manjhi @
Krishna Kumar i.e. one of the accused person. However,
the Respondent No. 2 further directed to the Respondent
Superintendent, Excise, under Section 58 of the Act to
ascertain Khata / Khesara and area of land consisting
Shiv Bhoj Flour Mill from the Circle Officer, Khizersarai
has also ascertain the minimum floor price thereof in
consultation with Executive Engineer Building Division
and District Sub Registrar, Gaya has also finally conduct
auction of the said property and upon sale in favour of
Patna High Court CWJC No.14482 of 2021 dt.24-08-2021
highest bidder, the sale proceeds accrued be deposited
through Challan in treasury. However if the Petitioner
agrees to deposit the amount to highest bid, the said
house together with land shall be entrusted back to him ."
Petitioner has approached this Court without
exhausting the statutory remedy of appeal against the impugned
order, as such, petitioner is granted liberty to avail the remedy of
appeal against the confiscation order passed by the Confiscating
Authority- cum- District Magistrate, before the Appellate
Authority and if any such appeal is filed within 8 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
property 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)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
