Patna High Court
Binodanand Jha vs The State Of Bihar on 23 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20408 of 2021
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Binodanand Jha S/o Late Shiv Nandan Jha, R/o C-89, Road No. 9, Gandhi
Vihar Police Colony, Anisabad, P.S. - Gardanibagh, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, Patna.
2. The Principal Secretary, Excise and Prohibition Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Patna.
4. The Senior Superintendent of Police, Patna.
5. The Superintendent of Police, Patna (West).
6. The Station House Officer, Rupaspur Police Station, Patna.
7. The Investigating Officer, Rupaspur P.S. Case No. 159/2019
8. Circle Officer, Danapur, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate
For the Respondent/s : Mr. Kumar Manish, SC-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-12-2021
Petitioner has prayed for the following relief(s):-
situated at Khata No. I16, Khesra No. 366, measuring
4180 Sq Ft. Vijay Nagar, Road No. l, Rukanpura,
Patna, Bihar (hereinafter referred to as
Premises/Flats/Property) belonging to the petitioner
does not become "Things liable to confiscation" under
Section 56 of Bihar Prohibition and Excise Act, 2016
(hereinafter referred to as 'Act') as the premises were
Patna High Court CWJC No.20408 of 2021 dt.23-12-2021
under a lease agreement with Vidyapati cottage and the
petitioner being the lessor had no knowledge, despite
due diligence, as to what is happening inside the room
of the Guest House and no offence can be said to have
been committed by the Petitioner.
II. For issuance of writ in the nature of certiorari for
quashing of the confiscation proceeding bearing no.
3737/2019-20 initiated by the Collector, Patna vide
memo no. 678 dated 20.03.2020 holding it to not
maintainable and bad in the eyes of law as the
petitioner being the owner of the property had let out
the property on lease and the Petitioner has neither any
involvement nor any connection thereto any offence in
connection thereof Rupaspur P.S. Case No. 159/2019.
III. For issuance of directions to the District
Collector, Patna to conclude the proceedings in a time
bound manner of 30 days upon proper appreciation of
facts presented by the Petitioner being the owner and
premises being on lease at the time of occurrence of
offence as the proceedings cannot be kept pending for
an indefinite period of time.
IV. For issuance of appropriate directions to the
Respondents to award compensation for causing mental
pain and agony to the Petitioner who is a man of more
than 70 years running from pillar to post for more than
2 years to get his premises freed from confiscation
which has been made subject matter of confiscation
without any involvement or knowledge of any offence
committed therein to the Petitioner.
V. Any other appropriate writ or direction which may
deem fit and proper including the cost."
Patna High Court CWJC No.20408 of 2021 dt.23-12-2021
Shri Kumar Manish, learned counsel for the
State states that the confiscatory proceedings, which are
pending for more than two years, shall be expedited and
completed positively within a period of three months from
the date of production of a copy of this order.
Statement accepted and taken on record.
The present petition stands disposed of in the
aforesaid terms.
Interlocutory Application(s), if any, stands
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
