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Patna High Court

Sobha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted liberty to the petitioner to file an appeal within four weeks and ordered the continuation of the status‑quo pending such appeal, otherwise permitting the State to auction the property.

Summary

The petitioner, Sobha Devi, sought release of her residential house that had been seized under IPC sections 272 and 273 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016 in connection with a criminal case. The State had issued an order on 14‑10‑2022 directing confiscation and auction of the premises. The petitioner requested liberty to challenge that order by filing an appeal under Section 92 of the Bihar Prohibition & Excise Act and to maintain the status‑quo order dated 02‑02‑2023 until the appeal is decided. The High Court granted the petitioner liberty to file the appeal within four weeks and ordered that the status‑quo be continued during that period, directing the State to refrain from auctioning the property unless no appeal is filed. If no appeal is filed within the stipulated time, the State may proceed with the auction. The petition was consequently disposed of on these terms.

Issues considered

  • Whether the petitioner is entitled to liberty to file an appeal under Section 92 of the Bihar Prohibition & Excise Act, 2016 against the confiscation order.
  • Whether the status‑quo order can be continued pending filing of such appeal.
  • Whether limitation can be condoned for the filing of the appeal.

Legislation cited

Subjects

  • seizure
  • confiscation
  • excise law
  • property auction
  • status quo
  • appeal
  • writ petition
  • limitation condonation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1377 of 2023
                 ======================================================
                 Sobha Devi Wife of Khajanchi Sahni Resident of Village- Majhariya, P.S.-
                 Piprakothi, District- East Champaran.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through its Principal Secretary, Excise Department,
                 Government of Bihar, Old Secretariat, Patna.
           2.    The District Magistrate, East Champaran.
           3.    The Superintendent of Police, East Champaran.
           4.    The Addl. Collector Cum Public Grievance Redressal Officer, Areraj.
           5.    The S.H.O., Piprakothi, East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Shanti Bhushan Singh
                 For the Respondent/s   :     Mr.Vikash Kumar (Sc11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

7   19-01-2026                 Though the present writ petition has been filed for

                   release of the residential house of the petitioner appertaining to

                   Khesra No.- 240, admeasuring 4 katha 10 dhurs situated at

                   Mauja- Majharia, P.S.- Piprakothi, District- East Champaran,

                   which has been seized in connection with Piprakothi P.S. Case

                   No. 435 of 2020 dated 31.12.2020, registered under Sections

                   272 & 273 of the Indian Penal Code and Section 30(a) of the

                   Bihar Prohibition & Excise Act, 2016, however since the

                   respondent-State has brought on record an order dated
Patna High Court CWJC No.1377 of 2023(7) dt.19-01-2026
                                            2/3




          14.10.2022, passed by the learned Court of Collector-cum-Sub-

          Divisional Public Complaint Redressal Officer, Areraj in Excise

          Confiscation Case No. 738 of 2022, whereby and whereunder

          direction has been issued for confiscating the premises of the

          petitioner and auctioning the same, the learned counsel for the

          petitioner seeks liberty on behalf of the petitioner to challenge

          the said order dated 14.10.2022 by filing appropriate appeal

          under Section 92 of the Bihar Prohibition and Excise Act, 2016,

          however submits that the order of status quo dated 02.02.2023,

          passed in the present case be continued till final disposal of the

          appeal to be filed by the petitioner.

                      3. Having regard to the facts and circumstances of the

          case, we deem it fit and proper to grant liberty to the petitioner

          to file appropriate appeal and in case such an appeal is filed

          within a period of four weeks from today, the Competent

          Authority/Appellate Authority shall consider the same on merits

          without being impeded by the issue of limitation and pass a

          reasoned and a speaking order thereon, in accordance with law

          within a period of six weeks, thereafter and till then the order of

          status quo dated 02.02.2023 shall be maintained, however it is

          clarified that in case no appeal is filed within a period of four

          weeks from today, the respondent-State authority shall be at
           Patna High Court CWJC No.1377 of 2023(7) dt.19-01-2026
                                                       3/3




                     liberty to auction sale the premises in question.

                                 4. Accordingly, the present petition stands disposed

                     off on the aforesaid terms.



                                            (Mohit Kumar Shah, J)


                                               ( Praveen Kumar, J)
shivam/-

U      T


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