Patna High Court
Dinanath Mahto vs The State Of Bihar on 6 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17433 of 2021
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1. Dinanath Mahto, Son of Bhagwan Das Mahto, Resident of Bahari
Begumpur, Paar Pokhara, Sampatchak, Patna- 800009.
2. Avinash Kumar @ Raju Son of Dinanath Mahto Resident of Bahari
Begumpur, Paar Pokhara, Sampatchak, Patna- 800009.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Excise
Department, Bihar, Patna.
2. The Additional Chief Secretary, Excise Department, Bihar, Patna.
3. The Deputy Director, Home Department, Government of Bihar, Patna.
4. The Excise Commissioner, Patna, Bihar.
5. The Collector-Cum- District Magistrate, Patna.
6. The Senior Superintendent of Police, Patna.
7. The Excise Superintendent, Patna.
8. S.H.O, Bypass Police Station, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nikhil Kumar Agrawal
Mr. Shubham Bajaj, Advocates
For the Respondent/s : Mr.Vivek Prasad ( Gp7 )
Ms. Roona, AC to GP 7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 06-10-2021
Heard learned counsel for the parties.
Petitioners have prayed for following reliefs:-
"(i) To issue an appropriate writ / order / direction
Patna High Court CWJC No.17433 of 2021 dt.06-10-2021
in the nature of certiorai quashing the order dated
16.07.2021 as contained in Memo No.1281 dated
03.09.2021 (Anx-4) issued by the Respondent
No.5 in confiscation case No.2348/2020-21
whereby and whereunder the sole dwelling house
of the petitioner no.1 has been illegally
confiscated in connection with Bypass P.S. Case
No.38/2021.
(ii) To issue an appropriate writ / order / direction
in the nature of Mandamus restraining the
respondents from sealing and taking over the
possession sole dwelling house of the petitioner.
(iii) To any other relief or reliefs for which the
petitioner is found entitled to in facts and
circumstances of the case."
Petitioners have approached this Court without
exhausting the statutory remedy of appeal against the impugned
order, as such, petitioners are granted liberty to avail the remedy
of appeal against the confiscation order passed by the
Confiscating Authority- cum- District Magistrate, before the
Appellate Authority and if any such appeal is filed within 4
Patna High Court CWJC No.17433 of 2021 dt.06-10-2021
weeks then appellate authority shall condone the delay in filing
the appeal and shall decide the appeal on its own merit
preferably within 8 weeks from the date of its filing.
During pendency of appeal, the confiscated property/
vehicle 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)
Sanjay/-
Ashwini
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.10.2021
Transmission Date NA
