Subhash Yadav @ Subhash Kumar vs The State Of Bihar
2021 Latest Caselaw 2923 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8583 of 2021
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Subhash Yadav @ Subhash Kumar S/o Bindeshwari Singh, R/o AnupamJyoti Colony, P.S. AgamKuan, District - Patna. Presently residing at NandlalChhapra, Manoharpur, Kachhuara, P.S.- Gopalpur, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar Through The Principal Secretary, Excise Department, At Patna.

2. The Excise Commissioner, At Patna.

3. The District Magistrate, Patna.

4. The Superintendent of Police, Patna.

5. The Assistant Commissioner, Excise, 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.Nivedita Nirvikar, Adv For the Respondent/s : Mr. Vikash Kumar SC-11 ====================================================== 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 the following relief(s):-

"For issuance of a writ/s, an order/s, a direction/sin the nature of mandamus for direction the respondents to release the house earing Khata No. 103, Khesra No. 13, admeasuring around 2080 Sq.ft. Situated Block-Patna Sadar, Mauza-Nandlal Chhapra whic has been confiscated pursuant to the P.R. case bearing number 179 of 2019 registered u/s 30(a), 32(1), 32(2), 41(1)(2) of Bihar Prohibition and Excise Act, 2016 in Agamkuan Police Station."

Patna High Court CWJC No.8583 of 2021 dt.01-07-2021

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 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 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)

ranjan/-

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