Patna High Court
Shiv Kumar Mandal vs The State Of Bihar on 8 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6576 of 2025
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Shiv Kumar Mandal Son of Maharoop Mandal, Resident of Village- Dumra,
Ward No. 13, P.S. - Andhramath, District- Madhubani.
... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Home, Govt. of Bihar, Patna.
2. The Divisional Commissioner, Darbhanga.
3. The District Magistrate, Madhubani.
4. The Land Acquisition Dy. Collector, Phulparas, District- Madhubani.
5. The Excise Superintendent, Madhubani.
6. The S.H.O. of Andhramath P.S., Phulpaas, District- Madhubani.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Shailendra Kumar Jha, Advocate.
For the State : Mr. Gyan Prakash Ojha, GA-7.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 08-05-2025
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"(i) To issue a Writ in the nature of
Certiorari to set-a-side the Order dated 10.06.2023,
passed in Excise Confiscation Case No.161/22-23,
arising out of Andhrarmath P.S. Case No.134/22,
passed by Dy. Collector Land Reforms (In short
D.C.L.R.), Phulparas, whereby and whereunder the
Shop/House of the petitioner situated at Mauza-
Dumra, Thana No.71, Old Khata No.522, Old
Patna High Court CWJC No.6576 of 2025 dt.08-05-2025
Khesra No.5419, Area-0-75 Dhur has been
confiscated.
(ii) To issue a Writ in the nature of
Mandamus directing the respondents to
unseal/unlock the aforesaid Shop/House of the
petitioner which is the subject matter of
Andhramath P.S. Case No.134/22, registered Under
Section 30(a) of Bihar Prohibition and Excise Act
2016.
(iii) To direct the respondent to release
the said Shop/House of petitioner in favour of
petitioner in order to restore and reinstate the
business of the Shop which is the sole source of
livelihood of the petitioner and his family
members.
(iv) To hold and declare that the
impugned Order has been passed by an
unauthorized authority the D.C.L.R., which is an
illegal and vitiated order due to principle of
impropriety and principle of Natural Justice.
(v) To grant any other relies to the
petitioner for which he is entitled to have for the
interest of Justice."
2. The petitioner has a statutory remedy of appeal
before the Appellate Authority under Section 92 of the Bihar
Excise and Prohibition Act, 2016. Simultaneously, he has a
remedy of filing an application under Rule 12B of the Bihar
Patna High Court CWJC No.6576 of 2025 dt.08-05-2025
Prohibition and Excise Rules, 2021 read with amended sub Rule
2 of Rule 12B in the year 2022. Without exhausting such
remedies, he has rushed to this Court. In the event of filing an
appeal by the petitioner before the Appellate Authority, the
Appellate Authority is hereby directed to consider and dispose
of the memorandum of appeal within a period of three months
from the date of receipt of such appeal. In the event of filing an
application by the petitioner in the prescribed format under Rule
12B of the Bihar Prohibition and Excise Rules, 2021 read with
amended sub Rule 2 of Rule 12B in the year 2022, the same
shall be considered and disposed of by the concerned authority
within a period of one month from the date of receipt of such
application.
3. With the above observations, the instant writ
petition stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2025.
Transmission Date NA
