Patna High Court
Deepak Kumar @ Deepu Kumar vs The State Of Bihar on 29 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9128 of 2021
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Deepak Kumar @ Deepu Kumar Son of Shri Sheo Shankar Prasad Resident
of Village- Obra, P.S.- Obra, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Additional Chief Secretary,
Prohibition Excise and Registration Department (Excise), Government of
Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Aurangabad.
4. The Superintendent of Police, Aurangabad.
5. The Superintendent of Excise, Aurangabad.
6. The Officer in Charge, Obra Police Station, District- Aurangabad.
... ... 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.Kumar Ravish, Adv
For the Respondent/s : Mr.Vivek Prasad GP-07
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 29-06-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"(i) To quash and set aside Annexure-P/10 i.e. order
dated 02.02.2021 (Memo No. 98) passed in Excise Appeal
Case No. 17 of 2017 under which the Excise Appeal was
rejected on merits despite recording a fact of non-appearance
ofthe learned counsel by the appellate authority;
(ii) To quash and set aside Annexure P/2 i.e. the
Patna High Court CWJC No.9128 of 2021 dt.29-06-2021
confiscation order dated 17.05.2017 passed by the District
Magistrate/Collector, Aurangabad in Excise Confiscation
Case No. 89 of 2016 ordering confiscation of the residential
house of this petitioner including the entire land i.e. 17
decimals which is comprised of the shares of other
coparceners of this petitioner without issuing notice to any of
the coparcener;
(iii) To declare that the dwelling house of this
petitioner situated at Plot No. 773, Khata No. 129 (in portion
of total area of l17 decimals) at Mauza/Village: Obra, District:
Aurangabad, Bihar which was sealed on 20.05.2016 and later
provisionally released pursuant to orders of this Hon'ble Court
2016 including the entire 17 decimals of land do not vest in
the State."
Learned counsel for the petitioner submits that
petitioner's appeal being Excise Appeal Case No. 17 of 2017
has been dismissed by Excise Commissioner, Patna vide order
02.02.2021, on merits without hearing him and further directed
to confiscate the house of the petitioner.
Appellate Authority can dismiss the appeal for non
prosecution but cannot decide the appeal on merit in absence of
parties.
In such view of the matter, the order dated 02.02.2021
passed by Appellate Authority in Excise Appeal Case No. 17 of
2017 is set aside, and he is directed to pass a fresh order on
appeal filed by petitioner (Appellant) after affording opportunity
of hearing to all concerned, within 8 weeks.
During pendency of appeal, the confiscated property i.e.
Patna High Court CWJC No.9128 of 2021 dt.29-06-2021
house of petitioner, 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
