Patna High Court
Jay Prakash Yadav vs The State Of Bihar on 11 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15885 of 2023
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1. Jay Prakash Yadav, aged about 53 years, male, Son of Late Mahendra
Prasad Yadav, resident of Village-Barmasiya, P.S.-Baunsi, District-Banka.
2. Manoj Kumar Yadav, aged about 40 years, male, Son of Late Mahendra
Prasad Yadav, resident of Village-Barmasiya, P.S.-Baunsi, District-Banka.
3. Jitendra Prasad Yadav, aged about 55 years, male, Son of Late Mahendra
Prasad Yadav, resident of Village-Shyam Bazar, P.S.-Baunsi, District-Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Excise, Government of
Bihar, Patna.
3. The Excise Commissioner, Bihar, Patna.
4. The Collector-cum-District Magistrate, Banka.
5. The Superintendent of Police, Banka.
6. The Station House Officer, Baunsi Police Station, District-Banka.
... ... Respondent/s
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For the Appellant/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P.7
Ms. Supragya, AC to G.P.7
Ms. Roona, AC to G.P.7
Mr. Sanjay Kumar, AC to G.P.7
Ms. Manisha Singh, AC to G.P.7
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA)
Date : 11-01-2024
Heard learned counsel for the parties.
2. Petitioners have prayed for the following relief(s):-
i. For setting aside the order dated 07.08.2023
passed by Excise Commissioner in Excise
Patna High Court CWJC No.15885 of 2023 dt.11-01-2024
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Appeal Case No. 97/2023, whereby and where-
under the Excise Commissioner, Bihar, Patna has
rejected the appeal filed by the petitioner against
the order dated 02.06.2023 passed by the
Collector, Banka, communicated to the
petitioners vide Memo No.952 dated 06.06.2023,
whereby and where-under he was pleased to
reject application filed by the petitioners for
releasing/unsealing the line hotel/land of the
petitioners, namely, Shiv Parwati Line Hotel
situated at Banka-Bhagalpur Main Road
forthwith after accepting the penalty amount, in
pursuant to order dated 22.04.2022 passed in
C.W.J.C. No.3213/2022.
ii. "For setting aside order dated 02.06.2023 passed
by the Collector, Banka, communicated to the
petitioners vide Memo No.952 dated 06.06.2023,
whereby and where-under application filed by
the petitioners for releasing/unsealing the line
hotel/land of the petitioners, namely, Shiv
Parwati Line Hotel situated at Banka-Bhagalpur
Main Road forthwith, in pursuant to order dated
Patna High Court CWJC No.15885 of 2023 dt.11-01-2024
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22.04.2022
passed in C.W.J.C. No.3213/2022
after accepting the penalty in terms of Rule
12(B) inserted by amending Bihar Prohibition
and Excise Rule, 2021 and 57B of the Bihar
Prohibition & Excise (Amendment) Rules, 2022,
has illegally been rejected; which has illegally
been seized in connection with Baunsi P.S. Case
No. 88/2021 dated 18.04.2021 lodged under
Section 30(a) of Bihar Prohibition and Excise
Act.
iii. For directing and commanding the Respondents
to release the line hotel/land of the petitioners,
namely, Shiv Parwati Line Hotel situated at
Banka-Bhagalpur Main Road forthwith which
has illegally been seized in connection with
Baunsi P.S. Case No. 88/2021 dated 18.04.2021
lodged under Section 30(a) of Bihar Prohibition
and Excise Act.
iv. And/or any other relief/reliefs which this Hon'ble
Court may deem fit and proper in the facts and
circumstances may also be granted".
3. Petitioners claim to be the owner of the sealed line
Patna High Court CWJC No.15885 of 2023 dt.11-01-2024
hotel/land. Allegation is that of recovery of 18.75 litres of illicit
liquor from the field behind the appellants Line-Hotel, which
does not belong to the petitioner.
4. Petitioners claim to be the owner of the sealed line
hotel/land. Allegation is that of recovery of 18.75 litres of illicit
liquor from the field behind the appellants Line-Hotel, which
does not belong to the petitioner.
5. The petitioners earlier moved before this Court in
C.W.J.C. No. 3213 of 2022 and a judgment was passed in
favour of the petitioner stating that-
"In view of amendment in the Excise Act, and
same being applicable in pending case, it shall
be open for the petitioner to get his/her house
unsealed after making payment of penalty in
terms of Rule 12(B) inserted by amending Bihar
Prohibition and Excise Rules, 2021 and 57B of
the Bihar Prohibition & Excise (Amendment)
Rules, 2022. It is made clear that this Court has
not expressed any opinion with respect to merit
of case"
6. The petitioners thereafter filed an application on
06.05.2022 before Respondent District Magistrate-cum-
Collector, Banka for release of the property after payment of
penalty amount, the same was rejected, thereafter the petitioner
again filed an appeal before the Court of excise commissioner
Patna High Court CWJC No.15885 of 2023 dt.11-01-2024
registration excise and prohibition department, Government of
Bihar, Patna but was again rejected on 07.08.2023.
7. Learned counsels for the respondent and petitioner
have agreed on the penalty amount of Rs. 5,00,000/- (Rupees
five lakhs only). Petitioners are hereby directed to remit the
agreed penalty amount of Rs. 5,00,000/- (Rupees five lakhs
only) within a period of 8 weeks from today.
8. On receipt of penalty amount the respondent
authority is hereby directed to unseal the property of the
petitioner within a week.
9. Accordingly, CWJC No. 15885 of 2023 stands
disposed of.
( Ramesh Chand Malviya, J)
(P. B. Bajanthri, J)
Brajesh Kumar/-
AFR/NAFR
CAV DATE 05.01.2024
Uploading Date 11.01.2024
Transmission Date
