Patna High Court
Shesh Nath Mishra vs The State Of Bihar on 22 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7349 of 2021
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Shesh Nath Mishra S/o Awadh Bihari Mishra R/o Mohalla- Malviyanagar,
P.s.- Siwan, Mufasil, District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary cum Commissioner, Excise and
Prohibition, Government of Bihar, Patna
2. The through Secretary cum commissioner, Excise and Prohibition,
Government of Bihar, Patna
3. The District Magistrate cum Collector, Siwan
4. The Superintendent of Excise, Siwan
... ... Respondent/s
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(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)
Appearance :
For the Petitioner/s : Mr.Chandra Kant, Adv
For the Respondent/s : Mr. Kumar Manish SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 22-06-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"I.For issuance of writ/writs, order/orders,
direction/directions in the nature of mandamus directing
and commanding the respondents to refund the amount of
money and advance license fee, deposited after settle of
Nagar Parishad country made liquor shop group no. 1 and
shyampur composite liquor shof for teh period of 2013-14
through challan dt. 11.03.2013, 10.05.2013, 13.05.2013
and 27.06.2013, for which license was issued and the
same has been cancelled vide meo no. 2569 dt.
16.07.2013 by respondent no. 4 on the ground that 201
sachets manufactured by Kumar cateliers, saran and 38
sachets manufactured by cooperative company was found.
II. For issuance of writ to set aside the order
Patna High Court CWJC No.7349 of 2021 dt.22-06-2021
passed in appeal no. 18 of 2017 dt. 12.12.2019 passed by
commission excise Bihar Patna, and also to set aside the
order passed by Collector Siwan in appeal no. 14 of 2013
dt. 23.12.2016 by which license fee/security money of
petitioner has been forfeited."
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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