Patna High Court
Mukesh Kumar @ Mukesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petitioner is granted liberty to file a revision petition within four weeks and the writ petition is disposed accordingly.
Summary
Mukesh Kumar filed a writ petition in the Patna High Court seeking liberty to challenge an order dated 13.05.2025 passed by the Excise Commissioner, Bihar, in Excise Appeal No. 54 of 2025. The petitioner requested permission to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016. The Court examined whether such liberty could be granted despite the procedural limitation period. The judges held that the petitioner may file the revision petition within four weeks from the date of the order, and the matter will be heard on merits without limitation being a bar. Consequently, the writ petition was disposed, directing the revisional authority to pass a reasoned order within six weeks.
Issues considered
- Whether the petitioner is entitled to liberty to file a revision petition under Section 93 of the Bihar Prohibition and Excise Act, 2016 despite the limitation period.
Legislation cited
Subjects
- revision petition
- excise law
- limitation period
- civil writ jurisdiction
- Bihar Prohibition and Excise Act
- court liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15662 of 2025
======================================================
Mukesh Kumar @ Mukesh Ray S/o Inder Dev Ray, R/o Saranpur, P.S.-
Shapur, Dist.- Bhojpur, At present H.No.- 2496, Vikash Nagar, R/o, P.S.-
Mauli, District- Chandigarh.
... ... Petitioner/s
Versus
1. The State of Bihar Represented through The Secretary, Department of
Excise and Prohibition Government of Bihar.
2. The Excise Commissioner, Department of Excise and Prohibition
Government of Bihar, Patna.
3. The District Magistrate, Patna.
4. The Senior Superintendent of Police, Patna.
5. The SHO, Excise Police Station, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate
For the Respondent/s : Government Advocate (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 01-07-2026 At the outset, the Ld. Counsel for the petitioner seeks
liberty on behalf of the petitioner to challenge the order dated
13.05.2025 passed by the learned Commissioner Excise, Bihar,
Patna in Excise Appeal Case No. 54 of 2025, by filing
appropriate revision petition under Section 93 of the Bihar
Prohibition and Excise Act, 2016 (as amended up to date).
Liberty, so sought, is granted.
2. It is needless to state that in case appropriate revision
petition is filed within a period of four weeks from today, the
Patna High Court CWJC No.15662 of 2025(4) dt.01-07-2026
2/2
same shall be heard on merits without the revisional authority
being impeded by the issue of limitation and a reasoned and a
speaking order shall be passed thereon within a period of six
weeks, thereafter.
3. The writ petition stands disposed of on the aforesaid
terms.
(Mohit Kumar Shah, J)
(Raj Kumar, J)
S.Sb/-
U
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