Kumar Gourav vs The District Magistrate
2021 Latest Caselaw 4282 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.14256 of 2021
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Kumar Gourav S/o Digambar Prasad Verma R/o Village Kharaiya Basti ward no. 03, P.S.- Araria within District- Araria.

... ... Petitioner/s Versus

1. The District Magistrate Araria.

2. The Excise Commissioner Bihar, Patna.

3. The S.D.O. Araria.

4. The Superintendent of Police Araria.

5. The Superintendent of Excise Araria.

6. The S.H.O. Araria Police Station Araria.

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

For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Respondent/s : Mr.Vivek Prasad (Gp7) ====================================================== 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. The present petition is being preferred by the

petitioner for quashing the order dated 09.02.21 passed by the

learned Excise Commissioner Bihar Patna in Excise Appeal

Case No.158/20 who affirm the order dated 03/08/20 passed by

the Court of SDO Araria.

2. Further be prayed for quashing the order of the

learned Court of learned S.D.O. Araria in confiscation case Patna High Court CWJC No.14256 of 2021 dt.24-08-2021

No.503/2019 on 03/08/2020 under the provisions of the Section

58 of the Bihar Excise Act, 2016."

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 8 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          26.08.2021
Transmission Date       NA