Rupa Yadav vs The State Of Bihar
2021 Latest Caselaw 3563 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12043 of 2021
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Rupa Yadav S/o Late Jawahar Yadav, Resident of Village Giriyak Nichali Bazaar, P.S.- Giriyak, Dist - Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Excise Commissioner Bihar Patna.

3. The Collector -cum- District Magistrate Nalanda.

4. The Superintendent of Police, Nalanda.

5. The S.H.O. Giriyak Dist Nalanda.

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

For the Petitioner/s : Ms.Kumari Sujata Sinha, Advocate For the Respondent/s : Mr.Vikash Kumar (Sc11) ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 20-07-2021 Heard the parties.

Petitioner has prayed for following relief(s):-

"That this writ application is being filed on behalf of the above named petitioner for the set aside the order 04.03.2021 passed in excise confiscation case no. 96/2021 by respondent no.

3 and set aside the order dated 12.04.2021 passed in excise appeal case no. 263/2021 by the respondent no. 2 the exparte whereby the order confiscation part of the house khata -195 khesra no. 274 rakwa- 42 decimal belongs to the petitioner in exercise of the power under Section 58 of Bihar Excise and Prohibition Act 2016 and for direction the respondents no. 3 release the Patna High Court CWJC No.12043 of 2021 dt.20-07-2021

appellants house."

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 auction sold.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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