Pawan Kumar @ Upendra Kumar Verma vs The State Of Bihar
2022 Latest Caselaw 2694 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.5946 of 2022

     ======================================================

Pawan Kumar @ Upendra Kumar Verma S/o Late Kapildeo Prasad,

Resident of Village - Ashok Nagar, Near Jhunukiya Temple, Rajgir,

P.S.- Rajgir, District - Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Excise Department, Govt. of Bihar, Patna.

3. The Commissioner, Excise Department Govt. of Bihar, Patna.

4. The District Magistrate-cum-Collector, Nalanda.

5. The Additional Collector cum Additional District Magistrate, Nalanda.

6. The Superintendent of Police, Nalanda.

7. The Excise Superintendent, Nalanda.

8. The Circle Officer, Rajgir, District Nalanda.

9. The Officer-in-charge, Rajgir, District Nalanda.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Pankaj Kumar, Adv For the Respondent/s : Mr.Vivek Prasad ( GA 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.5946 of 2022 dt.10-05-2022

Allegation is recovery of 5.4 litre of illicit liquor

from one room of the rented house of the petitioner. Petitioner

claims to be the owner of the sealed house.

Learned counsel for the petitioner submits that

petitioner has let out his house on rent to Pankaj Kumar for which Patna High Court CWJC No.5946 of 2022 dt.10-05-2022

both the parties had entered into rent agreement and petitioner

cannot be made to suffer for the misdeeds of his tenant.

In view of the above, having heard learned counsel

for the parties and considering the materials available on record,

we modify the order dated 09.03.2022 passed by the Additional

Chief Secretary, Excise Department, Bihar, Patna in Excise

Revision No. 62/2022 (Annexure-4 Page-37) only to the extent

that the premises in question be unsealed upon payment of penalty

of Rs. 50,000/-.

The instant petition stands disposed of with the

aforesaid modification in the impugned order.

Learned counsel for the respondents undertake to

communicate this order to the appropriate authority.

                                                               (Sanjay Karol, CJ)


ranjan/-                                                           (S. Kumar, J)
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