Patna High Court
Binod Kumar @ Vinod Kumar @ Binod Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The order is appealable under Section 92, and the petitioner is granted liberty to file an appeal within two weeks, with an interim stay on auction pending the appeal.
Summary
The petitioner challenged an order dated 28.05.2025 by the Additional Collector, Supaul, which directed confiscation of his residential house under Sections 58(2) and 58(5) of the Bihar Prohibition and Excise Act, 2016 and ordered its auction. The petitioner sought to set aside the order and requested liberty to appeal under Section 92 of the Act. The respondent State raised no objection to the petitioner's submissions. The High Court held that the order is appealable under Section 92 and granted the petitioner liberty to file an appeal within two weeks, directing the appellate authority to consider the appeal on merits without being barred by limitation and to pass a reasoned order within six weeks. The Court also stayed the auction of the property during the interim period. The writ petition was disposed of on these terms.
Issues considered
- Whether the order of confiscation and auction under Sections 58(2) and 58(5) of the Bihar Prohibition and Excise Act, 2016 is appealable under Section 92 of the Act.
- Whether the petitioner should be granted liberty to file an appeal and an interim stay on the auction of the property.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 58(2), 58(5), 92
Subjects
- writ petition
- confiscation
- Bihar Prohibition and Excise Act
- appeal
- interim stay
- property auction
- limitation
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14729 of 2025
======================================================
Binod Kumar @ Vinod Kumar @ Binod Kumar Sah Son of Late Asarfi Sah
@ Ashrafi Sahu, Resident of Village- Nirmali, Ward No. 11, P.S.- Nirmali,
District- Supaul. At present House No. 292, Shakti Park, Gali No.- 4A
Gurugra, Harayana.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Prohibition, Excise and
Registration Department, Government of Bihar, Patna.
2. The Principal Secretary, Prohibition, Excise and Registration Department,
Government of Bihar, Patna.
3. The Excise Commissioner, Prohibition, Excise and Registration Department,
Government of Bihar, Patna.
4. The District Magistrate-cum-Collector, Supaul.
5. The Superintendent of Police, Supaul.
6. The Additional Collector, Supaul.
7. The Excise- Superintendent, Supaul.
8. The Circle Officer, Nirmali, District- Supaul.
9. The S.H.O., Nirmali, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 12-01-2026 The present writ petition has been filed for setting
aside the order dated 28.05.2025 passed by the learned
Additional Collector, Supaul whereby and whereunder the
seized residential room/house of the petitioner has been directed
to be confiscated under Sections 58(2) and 58(5) of the Bihar
Patna High Court CWJC No.14729 of 2025(2) dt.12-01-2026
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Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the
Act, 2016’), as amended up to date and further direction has
been given to auction the said property and deposit the amount
with the District Treasury, Supaul.
2. At the outset, the learned counsel for the petitioner
submits that the said order dated 28.05.2025 passed by the
learned Additional Collector, Supaul is appealable under Section
92 of the Act, 2016, hence the petitioner be granted liberty to
file appropriate appeal, however, the appellate authority be
directed to consider the appeal of the petitioner on merits and
dispose of the same within a fixed time frame.
3. The learned counsel appearing for the respondent-
State has got no objection to the aforesaid submissions made by
the learned counsel for the petitioner.
4. Having regard to the facts and circumstances of the
case, we deem it fit and proper to grant liberty to the petitioner
to challenge the aforesaid order dated 28.05.2025 by filing
appropriate appeal under Section 92 of the Act, 2016 and in case
such an appeal is filed within a period of two weeks from today,
the appellate 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
Patna High Court CWJC No.14729 of 2025(2) dt.12-01-2026
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period of six weeks thereafter and during the interregnum
period, the property in question shall not be auctioned.
5. Accordingly, the present writ petition stands
disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
(Praveen Kumar, J)
GAURAV S./-
U
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