Raja Manjhi vs The State Of Bihar
2023 Latest Caselaw 2270 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3500 of 2023
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Raja Manjhi S/o Rambabu Manjhi Resident of Village- Rukanpura Musahri, P.S.- Rupaspur, Dist.- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Deputy Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

2. The Collector Cum District Magistrate, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Superintendent of Excise, Patna.

5. The Station House Officer, Excise, Danapur, Patna.

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

For the Petitioner/s : Mr. Choubey Jawahar, Advocate For the Respondent/s : Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-05-2023

The petitioner is aggrieved with the seizure of his

house which he says is not involved in F.I.R, being Excise

Danapur P.S. Case No. 71 of 2023 dated 22.01.2023. A total

quantity of 8 litres were recovered from five separate

settlement rooms upon which the said houses were also

sealed, is the contention. The F.I.R was on 22.01.2023 and

there is no confiscation proceedings so far taken up.

The learned counsel for the petitioner points out

that Annexure-1 does not indicate the name and the seizure Patna High Court CWJC No.3500 of 2023 dt.10-05-2023

list also does not indicate the name of the petitioner herein.

The learned Government Advocate, however,

would point out that Bajanti Devi, who is seen as arrayed as

accused at page no. 24, is a resident adjacent to the room from

which the liquor was seized. The specific room from which

the liquor was seized belongs to the petitioner as per the

settlement map available with the Seizing Officer, is the

contention raised. It is also submitted that the entire

documents have been transmitted to the District Collector.

Since the District Collector has not initiated any

confiscation proceedings as of now, if the petitioner

approaches the District Collector with the certified copy of

this judgment, on or before 07.06.2023, the District Collector

being apprised of the judgment, shall call for the entire

records from the seizing authority, which the Seizing

Authority shall forward within a week therefrom. The District

Collector shall fix a date of hearing within two weeks and

consider the contentions raised by the petitioner. The

petitioner shall be entitled to file objections, if required.

We make it clear that we have only recorded the

submissions of either parties and not made any observation on

merits. The District Collector would consider every Patna High Court CWJC No.3500 of 2023 dt.10-05-2023

contention raised by the petitioner.

The writ petition stands disposed of.

                                               (K. Vinod Chandran, CJ)


                                                 ( Madhuresh Prasad, J)
aditya/sujit
AFR/NAFR                  NAFR
CAV DATE
Uploading Date            12.05.2023.
Transmission Date