Vijay Paswan vs The State Of Bihar
2023 Latest Caselaw 635 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.758 of 2023
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Vijay Paswan son of Late Shiv Paswan, Resident of Village- Kamtaulia, P.S.- Vaishali, Dist- Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Prohibition Excise Department, Old Secretariat Building, Patna, Bihar.

2. The Commissioner, Department of Excise, Bihar at Patna.

3. District Magistrate, Dist- Vaishali at Hajipur.

4. Senior Superintendent of Police, Dist.- Vaishali at Hajipur.

5. Additional Collector, Dist- Vaishali at Hajipur.

6. S.H.O. Vaishali, P.S. Dist- Vaishali at Hajipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Anil Kumar, Advocate For the Respondent/s : Mr.Kumar Manish (SC 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-02-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

Petitioner has prayed for the following reliefs: -

"(i) For setting aside the order dated 24.06.2022 passed in Excise Revision Case no. 137/2022 whereby the learned Additional Chief Secretary (Respondent no.-1) has dismissed the revision of the petitioner and further affirmed order passed by the learned Excise Commissioner (Respondent no.-2) in Excise Appeal no. 72 of 2022.

(ii) For setting aside/revise the order dated 11.02.2022 whereby the learned Commissioner (Respondent no.2) dismiss the appeal of the petitioner and further affirmed order passed by the learned Additional Collector, Vaishali at Hajipur in Land Confiscation Patna High Court CWJC No.758 of 2023 dt.02-02-2023

Case no. 19 of 2021-22.

(iii) For setting aside the order dated 24.12.2021 passed by learned Excise Court of Additional Collector, Vaishali at Hajipur in Land confiscation (Excise Act) Case no. 19/2021-22 arising out of Vaishali P.S. case no 274/2021 dated 07.07.2021 registered under Section 272, 273, 467, 468, 328/34 of LP.C. and 30(a), 32, 34, 36 of Bihar Prohibition and Excise Act 2016 and 63/64/65 of copy right Act and 103/104 of Trade Mark Act pending in the court of Special Judge Excise Act Vaishali at Hajipur.

(iv). For any other relief (s) which the Hon'ble Court may grant in general interest that may be deemed appropriate and necessary in this case."

Against the order dated 24.12.2021 passed in Land

Confiscation (Excise Act) Case no. 19 of 2021-22 (arising out

of Vaishali P.S. Case no. 274 of 2021) by the Additional

Collector, Vaishali at Hajipur (Respondent no. 5), the Excise

Appeal no. 72 of 2022 preferred by the petitioner was rejected

by order dated 11.02.2022. Thereafter the excise Revision Case

no. 137 of 2022 preferred by the petitioner was rejected vide

order dated 24.06.2022 passed by the Additional Chief

Secretary, Department of Excise (Respondent no. 1).

The writ petition is disposed of with liberty to the

petitioner to avail the remedy of the amended provisions in

terms of Rule 12(B) and Rule 57B of the Bihar Prohibition &

Excise (Amendment) Rules, 2022.

Patna High Court CWJC No.758 of 2023 dt.02-02-2023

It is made clear that this Court has not expressed any

opinion with respect to the merits of the case.

Equally, liberty reserved to the petitioner to approach

this Court for the same and subsequent cause of action, if the

need so arises.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Prakash/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date