The Patna High Court disposed of a writ petition challenging an order confiscating and directing auction of petitioner's land. The Court allowed the petition with liberty to avail statutory remedies.
Writ petition disposed of with liberty to petitioner to avail statutory remedy of appeal against impugned order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4589 of 2020
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Sanjit Rai Son of Arun Rai Resident of Village- Tulsi Nagar, P.S.- Tariyani, District- Sheohar.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : None For the Respondent/s : Mr.Vikash Kumar (Sc11)
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 04-09-2020
The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner has prayed for following reliefs:-
(i) “For release the piece of land of Tulsi Nagar P.S. No. 170, Khata No. 18, Khesra No. 540, Rakba 0.03 decimal which was seized by the respondent authorities in connection with Tariyani P.S. Case No. 62 of 2018 for the offence registered U/s 30(A), 38, 36 Bihar Prohibition and Excise Act.
(ii) For that till date Excise Confiscation Case has initiated bearing Confiscation
Patna High Court CWJC No.4589 of 2020 dt.04-09-2020
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Case No. 51 of 2018 but till date the confiscation is going on.”
Petitioner has filed this writ petition against the order dated 17.10.2019 passed by District Collector, Sheohar by which land measuring 3 decimals appertaining to Khata No. 18, plot No. 540 was directed to be confiscated and put on auction under Section 58 of Bihar Prohibition and Excise Act 2016.
Petitioner has approached this Court without availing the statutory remedy of appeal/revision against the order passed by District Collector, Sheohar.
Writ petition is disposed of with liberty to petitioner to avail the statutory remedy of appeal against the impugned order and, if any, such appeal is filed within 60 days, the appellate authority shall condone the delay in filing appeal as the matter remain pending before this Court and shall decide the appeal on merit preferably within 60 days from the date of filing of such appeal.
(Sanjay Karol, CJ)
( S. Kumar, J)
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1 issue framed by the court
Whether this Court can allow a writ petition above statutory remedy when the impugned order is confiscation of land under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Sanjit Rai
The State of Bihar
The Divisional Commissioner, Excise Department
The District Collector, Sheohar
The Superintendent of Police, Sheohar
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
