Patna High Court
Shakuntala KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioner is entitled to liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016, and therefore the writ petition is disposed.
Summary
The petitioner, Shakuntala Kumari, filed a writ petition challenging the Collector‑cum‑District Magistrate’s order dated 25‑Oct‑2025 that confiscated her vehicle (registration BR45P7229) under the excise law. She sought liberty to appeal the confiscation order under Section 92 of the Bihar Prohibition and Excise Act, 2016. The Court examined whether the Collector’s order could be contested by filing such an appeal and whether the limitation period could be relaxed. The Court granted the petitioner liberty to file the appeal within three weeks and directed the appellate authority to consider it on merits without being barred by limitation, and to issue a reasoned order within six weeks. Consequently, the writ petition was disposed of.
Issues considered
- Whether the Collector‑cum‑District Magistrate’s order of vehicle confiscation can be challenged by filing an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.
- Whether the limitation period for filing the appeal can be condoned by the Court.
Legislation cited
Subjects
- vehicle confiscation
- excise law
- writ petition
- section 92
- Bihar Prohibition and Excise Act
- limitation
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.81 of 2026
======================================================
Shakuntala Kumari D/o Lalji Prasad, R/o Village Marii- Patiya, P.O.
Akhlaspur, P.S. Bhabua, District - Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner, Excise Department Patna.
2. The Collector Cum District Magistrate, Kaimur at Bhabua.
3. Sub- Divisional Officer, Bhabua, Kaimur at Bhabua.
4. Sub-Divisional Officer, Mohaina, Kaimur at Bhabua.
5. The Superintendent of Police, Kaimur at Bhabua.
6. The Superintendent of Excise Prohibition, Kaimur at Bhabua.
7. The Station Head Officer of Bhabua Excise Police Station, Kaimur at
Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Adv.
For the Respondent/s : Mr.Government Pleader (02)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 19-01-2026 Though the present writ petition has been filed for setting
aside the order dated 25.10.2025, passed by the learned
Collector-cum-District Magistrate, Kaimur at Bhabhua in Excise
(Vehicle Confiscation) Case No. 355 of 2025, whereby and
whereunder the learned Collector has passed an order for
confiscation of the vehicle bearing registration no. BR45P7229,
however at the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to challenge the said
Patna High Court CWJC No.81 of 2026(2) dt.19-01-2026
2/2
order dated 25.10.2025, passed by the learned Collector-cum-
District Magistrate, Kaimur at Bhabhua, by filing appropriate
appeal under Section 92 of the Bihar Prohibition and Excise
Act, 2016.
2. Accordingly, we deem it fit and proper to grant liberty to
the petitioner to file appropriate appeal under Section 92 of the
Bihar Prohibition and Excise Act, 2016 and in case such an
appeal is filed within a period of three weeks from today, the
appellate authority shall consider 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. The present writ petition stands disposed off.
(Mohit Kumar Shah, J)
( Praveen Kumar, J)
Ajay/-
U
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