Patna High Court
Sadik Reja @ Sadique Reza vs The State Of Bihar on 14 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18044 of 2024
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1. Sadik Reja @ Sadique Reza son of Sahabuddin Kayam @ Shahabuddin,
resident of Mohalla-Suleman Ganj, Madar Darwaza, P.O. and P.S.-Sasaram
(T), District-Rohtas.
2. Rajesh Kumar Sahu Son of Late Hari narayan Sahu Resident of Mohalla -
Suleman Ganj (Chowk Bazar), P.O. and P.S. - Sasaram (T), District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Prohibition and Excise
Department, Govt. of Bihar, Patna.
2. The Excise Secretary, Prohibition and Excise Department, Excise and
Registration, Bihar, Patna.
3. The Excise Commissioner, Govt. of Bihar, Patna.
4. The Collector cum District Magistrate, Rohtas at Sasaram.
5. The Superintendent of Police, Rohtas at Sasaram.
6. The Inspector of Excise, Rohtas at Sasaram.
7. The Officer in Charge, Sasaram (Town) Police Station, Rohtas at Sasaram.
8. Pradeep Kumar, son of Late Hari Narayan Sahu, resident of Mohalla-
Suleman Ganj (Chowk Bazar), P.O. and P.S.-Sasaram (T), District-Rohtas.
9. Rajan Kumar son of Pradeep Kumar, resident of Mohalla-Suleman Ganj
(Chowk Bazar), P.O. and P.S.-Sasaram (T), District-Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashwani Kumar Tiwary
For the Respondent/s : Mr.Standing Counsel (09)
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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 S. B. PD. SINGH)
Date : 14-05-2025
In the instant petition, the petitioner has prayed
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
2/9
for the following reliefs(s):-
"I For issuance of a writ in the nature of
certiorari for quashing the order dated
21.08.2023
passed by the learned Excise
Secretary, Bihar, Patna in Excise Revision
Case No. 31/2023 whereby and where under
the appellate order dated 12.06.2023 passed
by the learned Excise Commissioner, Bihar,
Patna in Excise Appeal Case No. 28/2023 has
been affirmed illegally and arbitrary.
П. For issuance of a writ in the nature of
certiorari for quashing the order dated
12.06.2023 passed by the learned Excise
Commissioner, Bihar, Patna in Excise Appeal
Case No. 28/2023 by which order dated
13.12.2022 passed by the learned Collector-
Cum- District Magistrate, Rohtas (Sasaram)
in Excise Confiscation Case No. 59/2019 has
been affirmed illegally and further
quashing/set aside the order dated 13.12.2022
passed by the learned Collector- Cum-
District Magistrate. Rohtas (Sasaram) in
Excise Confiscation Case No. 59/2019
whereby and whereunder the learned
Collector confiscated the land bearing Khata
decimal situated in Thana No. 126, Ward (old)
9, Ward New 28 under Muhalla Chauk Bazar
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
illegally and arbitrary without considering the
material available on the record of the case.
III. For issuance of direction upon the
respondents to release the land in question
bearing Khata No. M.S. 152, Plot No. M.S.
382/383 area 6 decimal in favour of petitioner.
IV. For issuance of any other order / orders /
relief / reliefs for which the petitioner is found
to be entitled in the facts and circumstances of
the case.
2. As per the written report, the prosecution case
in brief is that on 06.05.2018, the informant got an
information that petitioner-Rajesh Kumar and his wife
used to sell the liquor and they are selling illicit liquor near
a well situated in front of their house. On getting such
information, the police reached near the identified place
and found that some people are drinking liquor by sitting
on the well situated in front of house of petitioner-Rajesh
Kumar. On seeing the police force, they began to flee
away but with the help of police officials, five persons
were apprehended who disclosed that illicit liquor was
being sold by Rajesh Kumar and his wife. Thereafter, the
house of Rajesh Kumar was searched and during search,
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
total 15.980 illicit liquor was recovered from abandoned
constructed wall of room situated beside the stairs of the
first floor of the house and accordingly, seizure list was
prepared. On the basis of the aforesaid facts, Sasaram
Town P.S. Case No. 717 of 2018 dated 06.05.2018 was
instituted under Sections 30 (a), 35(b), 37(a)(b), 38(2) of
the Bihar Prohibition & Excise Act, 2016.
3. It is submitted by learned counsel for the
petitioner-Sadik Reja that he got the sale-deed executed of
2.980 decimals of land to the petitioner Rajesh Kumar
Sahu vide Sale Deed No. 4241 dated 10.04.2019 and after
purchase of the said land, he came to know about the order
of confiscation dated 20.12.2021 passed by the Collector-
Cum-District Magistrate, Rohtas (Sasaram) in Excise
Confiscation Case No. 59 of 2019. Being aggrieved with
the said order, the petitioner-Sadik Reja filed Excise
Appeal Case No. 401 of 2022 before the Excise
Commissioner, Bihar, Patna on the ground that no notice
was issued to him as well as the previous owner of the
land and the Collector had passed the confiscation order
ex-parte. After considering the prayer of the petitioner-
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
Sadik Reja, the Excise Commissioner vide order dated
05.07.2022 has remanded back the matter before the
Collector, Rohtas, Sasaram to hear the matter afresh by
giving opportunity of hearing to the petitioner. The Excise
(Confiscation) Case No. 59 of 2019 was restored and
notice was issued to the petitioner to file his reply.
However, after hearing the parties, vide order dated
13.12.2022, the Collector-Cum- District Magistrate,
Rohtas (Sasaram) imposed a fine of Rs. 20,000,00/-
(Twenty Lakh) for release of the land/house of the
petitioner. The petitioner further submitted that being
aggrieved by the order of the District Magistrate, Rohtas at
Sasaram, the petitioner filed Excise Appeal No. 28 of 2023
before the Excise Commissioner, Bihar, Patna but after
hearing the parties, the Excise Commissioner, vide order
dated 12.06.2023 had affirmed the confiscation order and
directed that if the fine imposed is not being paid for
release of the land within 15 days from the date of
receiving the order, the District Magistrate would take
action for auction of the land. The petitioner being
aggrieved with the order dated 12.06.2023 passed by the
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
Excise Commissioner, Bihar Patna in Excise Appeal No.
28 of 2023, had filed Excise Revision Case No. 31 of 2023
before the learned Excise Secretary, Bihar, Patna but his
revision petition was also dismissed vide order dated
21.08.2023 on the ground that no new and additional facts
were mentioned in the revision petition.
4. Learned counsel for the petitioner further
submits that learned Collector-Cum- District Magistrate,
Rohtas (Sasaram), as well as revisional and appellate
authority while passing the impugned order have failed to
consider the fact that the liquor was recovered from
abandoned constructed wall of room situated beside the
stairs of the first floor of the house which was situated on
some portion of the land, but the confiscation proceeding
was initiated on the whole land which is highly illegal,
arbitrary and bad in the eye of law and the same is liable to
be quashed. It is also submitted that the respondent
authorities, while passing the order did not appreciate Rule
12A (2) of the Bihar Prohibition & Excise Rules, 2021, in
which the quantum of recovered liquor is one of the key
factors which has to be considered while imposing the
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
penalty over the seized vehicle under the Bihar Excise &
Prohibition Amendment Act, 2018.
5. Learned counsel for the respondents submits
that recovery of illicit liquor was made from the purchased
house of the petitioner-Sadik Reja. The petitioner has
alternative remedy to get the house released after making
payment of penalty in terms of Rule 12(A) of the Bihar
Prohibition & Excise Rules, 2021.
6. From perusal of the record, it has transpired
that alleged recovery of 15.980 litres of illicit country
made liquor has been made from abandoned constructed
wall of room situated beside the stairs of the first floor of
the house. The petitioner-Sadik Reja had purchased the
said property from Rajesh Kumar Sahu and he claims that
he was totally unaware about any confiscation proceeding
pending against the purchased land of the petitioner.
7. In that view of the matter, this Court finds that
a penalty of Rs. 5,000,00/-(Five Lakhs) is appropriate in
light of the facts and circumstances of the case, for which
petitioner has no objection.
8. Accordingly, the order dated 13.12.2022 passed
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
by the Collector-Cum- District Magistrate, Rohtas
(Sasaram) vide Excise (Confiscation) Case No. 59 of 2019
is modified to the above extent.
9. We are conscious of the fact that alleged
recovery is of meager quantity and the aforesaid order has
been passed while invoking extra ordinary jurisdiction
under Article 226 of the Constitution of India for the
reasons that unnecessarily petitioner shall not be subjected
to various proceedings like Rule of 12A of the Bihar
Prohibition and Excise Rules, 2021 read Sections 58, 92
and 93 of the Bihar Prohibition and Excise Act, 2016, for
an issue relating to seizure of 15.980 litres of illicit liquor
and the aforesaid decision is warranted to prevent
multiplicity of proceeding under Excise Act and Rules, in
the interest of justice.
10. Considering the facts aforesaid, the petitioner
is directed to remit a penalty of Rs. 5,000,00/-(Five Lakhs)
and the concerned authority is hereby directed to collect
fine of Rs. 5,000,00/-(Five Lakhs) and release the land of
the petitioner, which was seized, within a period of one
week from the date of receipt of this order.
Patna High Court CWJC No.18044 of 2024 dt.14-05-2025
11. Accordingly, the writ petition stands disposed
of.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 15/05/2025
Transmission Date N/A
