Patna High Court
Amrita Devi vs The State Of Bihar on 19 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 11772 of 2021
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Amrita Devi Wife of Abhay Kumar Yadav Resident of Village- Madanpur,
Tola- Gamharia, Police Station- Madhepura, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Excise Commissioner, Government of Bihar,
Patna.
2. The District Magistrate-cum-Collector, Madhepura.
3. The Superintendent of Police, Madhepura.
4. The Sub Divisional Officer, Udakishunganj, District- Madhepura.
5. The Excise Superintendent, Madhepura.
... ... Respondent/s
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(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.Uday Chand Prasad, Adv
For the Respondent/s : Mr.Kumar Manish ( SC5 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 19-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"(i)For issuance of writ in the nature of
certiorari for quashing of order dated 19.02.2021
passed by Excise Commissioner, Bihar, Patna in
Excise Appeal No. 56 of 2020 whereby appeal filed by
the petitioner has been dismissed and order of
Collector-cum-District Magistrate Madhepura has been
affirmed.
(ii)For issuance of writ in the nature of
Patna High Court CWJC No. 11772 of 2021 dt.19-07-2021
certiorari for quashing of order dated 17.02.2020
passed by the Collector-cum-District Magistrate,
Madhepura in Excise Confiscation Case No. 64 of
2019 whereby petitioner's shop bearing Khata No.
1004, Plot NO. 1004, Mauza- Bhirkhi, Uttarwari,
Police Station and District- Madhepura has been
ordered to be confiscated and by order dated
17.02.2020 the Excise Superintendent, Madhepura to
take necessary steps for auction of shop.
(iii) For issuance of writ in the nature of
mandamus direction to the respondents to release the
shop of petitioner bearing Khata No. 1004, R.S. Plot
No. 1004, Mauza- Bhirkhi, Uttarwari, Police Station
and District- Madheplura in favour of petitioner which
was sealed in Excise Case No. 85 of 2019-2020
instituted under Section 30(a) of Bihar Prohibition and
Excise Act, 2016 due to recovery of 3.800 Litgres
illegal Masaledar Country made liquor.
(iv) For issuance of writ in the nature of
Mandamus direction to Respondents to restrain them
for not taking any shop for disposal/auction of
aforesaid shop of petitioner in pursuant to order dated
17.02.2020 passed in Excise Confiscation Case No. 64
of 2019."
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
Patna High Court CWJC No. 11772 of 2021 dt.19-07-2021
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/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
