Shishupal Sao @ Palan Sao vs The State Of Bihar
2021 Latest Caselaw 2145 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.5997 of 2021
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Shishupal Sao @ Palan Sao, Son of Ruplal Sao, R/o Village Mali Tola, P.S Rajgir, District- Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar through the Excise Commissioner, Excise Department, Government of Bihar, Patna.

2. The Excise Commissioner, Bihar, Patna.

3. District Magistrate, Nalanda.

4. The Superintendent of Police, Nalanda.

5. The Station House Office (SHO) Rajgir PS, District-Nalanda.

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

For the Petitioner/s : Mr.Naresh Prasad, Advocate Ms. Pushpa Kumari, Advocate For the Respondent/s : Mr. Vikash Kumar, S.C. 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 28-05-2021 Heard the parties.

Petitioner has prayed for following relief(s):-

"For issuance of a writ in the nature of Certiorary to quash the order dated 01.06.2020 passed by District Magistrate-cum-Collector, Nalanda in Confiscation (Excise) Case No. 131/19 arising out of Rajgir P.S. Case No. 320/19 instituted on 28.08.2019 for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 whereby and whereunder he had passed Patna High Court CWJC No.5997 of 2021 dt.28-05-2021

the order of Confiscating the seized/sealed house of petitioner and further directed to the Excise Superintendent of Excise, Nalanda to conduct the auction of the sealed house of the petitioner and deposit the auctioned amount in the treasury and also quash the appellate order dated 08.09.2020 vide Excise Appeal No. 76/2020 passed by Excise Commissioner by which he had mechanically upheld the order of confiscation passed by Collector and further prayed to issue a direction to the respondents to hand over the confiscating property to the petitioner."

It has been submitted on behalf of counsel for the State

that petitioner has approached this Court without exhausting

statutory remedy of revision against the order dated 08.09.2020

passed by the appellate authority in Excise Appeal No. 76 of

2020.

The writ petition is disposed of with liberty to

petitioner to avail his statutory remedy of revision against the

order passed by the appellate authority and, if any, such revision

is filed by the petitioner within eight weeks, the appellate

authority shall condone the delay in filing revision petition as

the matter remain pending before this Court and shall decide the

revision petition on merits preferably within eight weeks from

the date of its filing.

Patna High Court CWJC No.5997 of 2021 dt.28-05-2021

The writ petition is accordingly disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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