Laxami Prasad @ Laxmi Prasad vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for following relief(s):-

(i) “Issuance of a writ in the nature of writ of certiorary to set aside/quash the order dated 19.03.2021 passed by the learned Excise Commissioner,

Bihar in Excise appeal Case No. 207/2021 preferred by the petitioner, whereby & whereunder the learned court below has dismissed the appeal of

the petitioner under Section 92 of the Bihar Prohibition and Excise Act in a most cryptic and non-speaking manner without application of judicious

mind as contained in Annexure-4 of this writ petition.

(ii) Issuance of a writ again in the nature of writ of certiorary to quash/set aside the order dated 19.09.2020/24.12.2020, as contained in Annexure-3 of

this application, passed by the learned Additional District Magistrate, Aurangabad, in connection with Excise (Confiscation) Case No.

213/2020/03/2019 (State Versus Anuj Kumar and Ors) by which the learned Addl. Collector in a most perverse and cryptic manner has allowed the

recommendations made by the S.P., Aurangabad in connection with Rafiganj P.S. Case No. 172/2019 dated 16.07.2019 under Section 30(a) of the

Bihar Excise Act and ordered for confiscation of the Kirana Shop in 56sq. Feet bearing thana No. 643, khata no. 292, plot no. 1836 at Bhadwa Bazar.

Without application of judicial mind and in a most mechanical manner.

(iii) Issuance of a writ in the nature of writ of mandamus commanding the State respondents to release and restore the space of 56S Sq. feet in the

Kirana shop in thana no. 643, khata no. 292, plot no. 1836 at Bhadwa Bazar which has been confiscated illegally and without any valid basis.

(iv) Issuance of any other writ/writs order/orders, direction/directions to give/grant relief/reliefs to which the petitioner may be found entitled to in the

facts and circumstances of the case.â€​

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 auction sold.

With aforesaid liberty, the writ petition is disposed of.