Rahul Sharma vs The State Of Bihar Through The ...
2021 Latest Caselaw 2919 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8930 of 2021
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Rahul Sharma Son of Late Parmanand Sharma, Resident of Village- Ashok Nagar, Road No.-14, Police Station- Kankarbagh, District- Patna.

... ... Petitioner/s Versus

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

2. The Excise Commissioner, Bihar, Patna.

3. The District Magistrate-cum-Collector, Patna.

4. The Senior Superintendent of Police, City, Patna.

5. The Superintendent of Police, City, Patna.

6. The Excise Superintendent, Patna.

7. The Officer-in-Charge, Kankarbagh P.S., District- Patna.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s : Mr.Vibhuti Ranjan Sonvadra, 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 : 01-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"(i) For issuance of an appropriate writ in the nature of Mandamus commanding and directing upon the respondents concerned to unseal the sealed room of the house of the petitioner hearing House No. 301A, Circle No. 08A , Ward No. 32 in Mohalla Ashok Nagar Road, No. 14 at Kankarbagh Patna, which has been illegally sealed in connection with Patna High Court CWJC No.8930 of 2021 dt.01-07-2021

Kankarbagh PS Case No. 401 of 2018.

(ii) For issuance of an appropriate writ in the nature of Certiorari for setting aside the order dated 27.09.20219 passed by the Collector Cum District Magistrate, Patna in Confiscation Case No. 2637 of 2018-19 by which he has ordered to confiscate the sealed room of the house bearing house no. 301A, Circle No. 08A, Ward No. 32 in Mohalla Ashok Nagar, Kankarbagh, Patna illegaly u/s 58 of the Bihar Prohibition and Excise Act, 2016."

Learned counsel for the petitioner submits that order of

confiscation has been passed on 27.09.2019 but petitioner was

not aware about the order of confiscation and when petitioner

came to know about the order of confiscation, petitioner has

filed this writ petition on 06.04.2021, for setting aside the order

passed by the Confiscating Officer.

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 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.

Patna High Court CWJC No.8930 of 2021 dt.01-07-2021

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) ranjan/-

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