Patna High Court
Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016, and disposed of the writ petition.
Summary
Mamta Devi filed a writ petition seeking to quash orders dated 14‑01‑2025 of the Excise Commissioner and 16‑10‑2024 of the Deputy Collector, Land Reforms, Bhagalpur. She requested liberty to challenge those appellate orders by filing a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016. The High Court granted the liberty, directing that if the revision is filed within four weeks, the revisional authority must consider it on merits without being barred by limitation and must issue a reasoned order within six weeks. The Court emphasized the procedural timeline and the authority of the revisional forum. Consequently, the writ petition was disposed of on the terms of the liberty granted.
Issues considered
- Whether the petitioner can be granted liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016.
- Whether the limitation period would bar the filing of such a revision petition.
Legislation cited
Subjects
- writ petition
- excise
- revision
- limitation
- Bihar Prohibition and Excise Act
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10423 of 2025
======================================================
Mamta Devi Wife of Santosh Sah Resident of Village- near Kali Mandir
Noorpur, Police Station- Nathnagar (Madhusudanpur), District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise and Prohibition
Department, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Bhagalpur.
4. The Superintendent of Police, Bhagalpur.
5. The Superintendent of Excise, Bhagalpur.
6. The Deputy Collector, Land Reforms, Sadar Bhagalpur, District- Bhagalpur.
7. The S.H.O., Nathnagar (Madhusudanpur) Police Station, District-
Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 19-01-2026 Though the present writ petition has been filed for
quashing the order dated 14.01.2025 passed by the Excise
Commissioner, Bihar, Patna in Excise Appeal Case No. 119 of
2024 as also the order dated 16.10.2024 passed by the learned
Deputy Collector, Land Reforms, Sadar Bhagalpur in
Miscellaneous (Excise) Case No. 144 of 2022-2023, however, at
the outset, the learned counsel for the petitioner seeks liberty on
behalf of the petitioner to challenge the aforesaid appellate order
Patna High Court CWJC No.10423 of 2025(3) dt.19-01-2026
2/2
dated 14.01.2025 by filing appropriate revision petition under
Section 93 of the Bihar Prohibition and Excise Act, 2016.
Liberty so sought is granted.
2. It is needless to say that in case appropriate revision
petition is filed within a period of four weeks from today, the
Revisional Authority shall examine the same on merits without
being impeded by the issue of limitation and pass a reasoned
and a speaking order, in accordance with law within a period of
six weeks, thereafter.
3. Accordingly, the present writ petition stands
disposed off on the aforesaid terms.
(Mohit Kumar Shah, J)
( Praveen Kumar, J)
shivam/-
U T
Checking your session…