Patna High Court
Chandani Devi vs The State Of Bihar on 18 December, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17885 of 2023
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1. Chandani Devi Wife of Sanjay Kumar Resident of - Village - Moriyama,
P.S.- Bikram, District - Patna, Bihar.
2. Rekha Devi, Wife of Raj Kumar Resident of - Village - Moriyama, P.S.-
Bikram, District - Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise
and Prohibition, Govt. of Bihar, Patna.
2. The Excise Commissioner, Patna, Bihar.
3. The District Magistrate Cum Collector, Patna, Bihar.
4. The Superintendent of Police, Patna, Bihar.
5. The Excise Superintendent of Police, Patna, Bihar.
6. The Excise Inspector, Patna, Bihar.
7. The Officer -in- Charge, Bikram Police Station, Bikram.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nishikant, Advocate
For the Respondent/s : Mr. Yogendra Prasad Sinha (AAG 7)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 18-12-2023
In the instant petition, petitioners have prayed for the
following relief(s):-
"(i) For issuance of appropriate
Writ/Writs, direction/ directions or orders/order
especially in the nature of Certiorari, quashing
the order dated 26/05/2023 passed by the Collector
in Excise Confiscation Case No.- 5469/2022-23,
whereby and whereunder the premises of the
Petitioners, who are lawful owner of the Property
situated at Mauja Moriyama, Khata No.-508,
Kheshra no. 429, Rakwa 42.5 Decmial, Thana-
Patna High Court CWJC No.17885 of 2023 dt.18-12-2023
2/4
Bikram, District - Patna, which was ordered to be
confiscated in connection with Bikram P.S. Case
No.- 549 of 2022, dated. 20/12/2022, as being the
owner of the property and it was their responsibility
to ensure that their premise is not being used for
any unauthorized business.
(ii) For issuance of appropriate
Writ/Writs, direction/ directions or orders/order
especially in the nature of Mandamus directing the
Respondents to release the Godown having been
constructed upon the land appertaining to Mauja
Moriyama, Khata No.-508, Kheshra no. 429,
Rakwa 42.5 Decmial, Thana- Bikram, District -
Patna in favour of the Petitioners, which was
confiscated by the Respondents in connection
Bikram P.S. Case No.- 549 of 2022, dated.
20/12/2022
, registered under section 467, 468, 420
and 120B of Indian Penal Code, 1860 and under
section 30(a) (b), 32 (ii) and (iii), 36 and 41(i) and
(ii), 56 and 62 of Bihar Prohibition Excise Act as
amended by Bihar Prohibition and Excise Act 3 of
2022, as the Petitioner are lawful owner of the
Godown and had leased out the said premises,
pursuant to an agreement dated. 14/12/2022
(Annexure-P/2).
(iii) For issuance of appropriate
Writ/Writs, direction/ directions or orders/order
especially in the nature of Mandamus directing the
Respondents that during the pendency of the present
writ petition, the Respondents may be restrained
from taking any coercive step in pursuance of the
proceeding under Bihar Prohibition Excise Act,
2016 against the confiscated property.
(iv) For any other relief/reliefs, which the
Hon'ble court may grant in general interest, that
may be deemed appropriate and necessary in this
case."
2. Petitioners without exhausting statutory remedy of
appeal before the appellate authority under Section 92 of Bihar
Patna High Court CWJC No.17885 of 2023 dt.18-12-2023
Prohibition and Excise Act, 2016 and further he had remedy of
filing revision (If it is effective) has reached this Court. When the
petitioner has statutory remedy of appeal and revision it is not
appropriate for this Court to decide the present petition in the light
of Hon'ble Apex Court decision in the case of State of Jammu
and Kashmir Vs. R.K. Zalpuri and others reported in AIR 2016
Supreme Court 3006. The relevant paragraph 20 reads as under:-
"20. Having stated thus, it is
useful to refer to a passage from City and
Industrial Development Corporation v.
Dosu Aardeshir Bhiwandiwala and
Others, wherein this Court while dwelling
upon jurisdiction under Article 226 of the
Constitution, has expressed thus:-
"The Court while exercising its
jurisdiction under Article 226 is duty-
bound to consider whether:
(a) adjudication of writ petition
involves any complex and disputed
questions of facts and whether they can be
satisfactorily resolved;
(b) the petition reveals all
material facts;
(c) the petitioner has any
alternative or effective remedy for the
resolution of the dispute;
(d) person invoking the
jurisdiction is guilty of unexplained delay
and laches;
(e) ex facie barred by any laws
of limitation;
Patna High Court CWJC No.17885 of 2023 dt.18-12-2023
(f) grant of relief is against
public policy or barred by any valid law;
and host of other factors."
(Underline Supplied)
3. Be that as it may, the present petition is treated as
appeal before the appellate authority. Petitioners are hereby
directed to furnish a copy of this petition before the appellate
authority. Appellate authority is hereby directed to decide the
appeal within a reasonable period of time of three months from the
date of receipt of the appeal (petition is treated as appeal) and
communicate the decision to the petitioner. During pendency of
the appeal, the concerned authorities are hereby directed not to
proceed with any auction proceedings till appeal is decided.
4. With the aforesaid observations, the present writ
petition stands disposed of.
(P. B. Bajanthri, J)
(Ramesh Chand Malviya, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
