Sundari Devi vs The State Of Bihar
2021 Latest Caselaw 6401 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19924 of 2021
     ======================================================

Sundari Devi, Wife of Late Bihari Chaudhary, Resident of Village- Guljarbigha, Dahachani Pokharpar, P.S.-Rajgir, District-Nalanda.

... ... Petitioner/s Versus

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

2. The District Magistrate, Nalanda.

3. The Superintendent of Police, Nalanda.

4. The Police Inspector-cum-Officer In-charge, Rajgir Police Station, District-

Nalanda.

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

For the Petitioner/s : Mr.Mrigendra Kumar, Adv 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)

Date : 23-12-2021 Petitioner has prayed for following relief:-

"That the instant application is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondent authority to release/unseal the House (Ramdiha Thana No. 485, Khata No. 332, Khasra No. 5396 Rakba 01 Dismil) which has been seized in connection with Rajgir P.S. Case No. 34/2020 dated 26.01.2020 for the alleged offence under sections 272, 273/34 of the Indian Penal Code and Sections 30(a)(b), 37(b)(c) of Bihar Prohibition and Excise Act, 2016, pending in the court of learned ADJ-III cum Special Judge (Excise), Biharsharif, Nalanda. "

Learned counsel for the petitioner seeks permission to Patna High Court CWJC No.19924 of 2021 dt.23-12-2021

withdraw this application stating that final order of confiscation

has been passed by the Confiscating Authority.

In view of the above, this application is disposed of as

withdrawn granting liberty to the petitioner to file appeal against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 4 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 vehicle shall

not be auction sold.

(Sanjay Karol, CJ)

(S. Kumar, J)

ranjan/-

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