Patna High Court
Manoj Kumar vs The State Of Bihar on 10 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17899 of 2021
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1. Manoj Kumar, Gender, Male, aged about 30 years
2. Prakash Kumar @ Sandeep Kumar, Gender, male, aged about 28 years,
Both Son of Vijay Saw @ Vijay Prasad, Both Resident of Kalali Chowk,
P.S.-Rajgir, District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar.
2. The Additional Chief Secretary-Cum-Principle Secretary, Registration and
Excise Department, Bihar.
3. The Collector-Cum-District Magistrate, Nalanda.
4. The Superintendent of Police, Nalanda.
5. The Additional Collector-Cum-Additional District Magistrate, Nalanda.
6. The Excise Superintendent, Nalanda.
7. The Executive Engineer, Building Division, BIharsharif, Nalanda.
8. The Sub-Divisional Officer, Nalanda.
9. The District-Sub Registrar, Nalanda.
10. The Circle Officer, Rajgir, Nalanda.
11. The Station House Officer, Rajgir Police Station, Nalanda.
12. The Investigating Officer namely Dukhit Ram, Sub-Inspector of
Rajgir,Police Station.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shambhu Narayan Singh, Advocate
For the Respondent/s : Mr.Kumar Manish (Sc5)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 10-12-2021
Heard learned counsel for the parties.
Petitioners have prayed for following reliefs:-
Patna High Court CWJC No.17899 of 2021 dt.10-12-2021
"(I) For issuance of an appropriate writ in nature of
mandamus for quashing of order dated 04.03.2021 passed in
confiscation case No.80/2020 and consequential order dated
28.06.2021 passed in Excise Appeal Case No.268/2021 and
order dated 06.09.2021 passed in Excise Revision Case
No.112/2021.
(ii) For issuance of an appropriate
writ/order/direction commanding the respondent authorities to
release the confiscated house of petitioners bearing Thana
No.485, Khata No.13, Khesra No.5247 measuring 02 decimal.
(iii) For issuance of appropriate writ/order /
direction to the respondents authorities that during the pendency
of instant application the process of auction sold of said
premises of the petitioners be stayed.
(iv) For grant of any other relief or reliefs to which
the petitioner be found entitled in the law be granted to them."
After some argument, learned counsel for the
petitioners seeks permission to withdraw this writ petition with
liberty to approach the confiscating authority as joint house of
petitioners and other family members was sealed and
subsequently confiscated although the land and house is in the
name of their father who is not accused in this case and it is a
Patna High Court CWJC No.17899 of 2021 dt.10-12-2021
joint family property and no confiscation proceeding was
initiated against owner of the sealed premises in terms of Rule
12(B). Even as per Rules, only that part of the house could have
been sealed and confiscated from where illicit liquor was
recovered in terms of amended Rules 12 and 13.
Petitioners would be at liberty to file an application
for stay of auction order before the confiscating authority, who
shall pass an appropriate order on said petition.
With aforesaid observation and liberty, the writ
petition is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.12.2021
Transmission Date NA
