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Judgment
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 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.â€
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.
The writ petition is accordingly disposed of.