Ahilya Devi Alias Ahaliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3068 of 2024 ====================================================== Ahilya Devi alias Ahaliya Devi Wife of Vijay Singh, resident of village Gonawan, P.S. Nagar District - Nawadah.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna.

3.

The District Magistrate Cum-Collector, Nawadah. 4.

The Superintendent of Excise, Nawadah.

5.

Superintendent of Police, Nawadah.

6.

Public information Officer, Cum In Charge Officer District Revenue Branch, Nawadah.

7.

Officer in charge, P.S. Nagar Nawadah District Nawadah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 20-02-2024 In the instant petition, petitioner has prayed for the following relief:- "(i) To issue an appropriate writ(s), order (s), direction(s) in the nature of a writ of Mandamus directing the respondent the District Magistrate CumCollector, Nawadah (respondent no.3)/ concern court to unlock the house of the petitioner bearing house no. 32 standing over Khata no. 608, plot no. 2127 area 1 1⁄2 decimal of situated in village Gonawan in the district of Nawadah which has been seized by the officer in charge Nawadah in

Patna High Court CWJC No.3068 of 2024(2) dt.20-02-2024 2/2 Nagar P.S. Case No. 382/ 2017 instituted for the offences under section 272, 273 IPC, 30 (A) Bihar Prohibition and Excise Act 2016, 25 (1-b) a/26 Arms Act and 20/2022 of the N.D.P.S Act.

(ii) To grant any other relief or reliefs for which the petitioner is found to be entitled to in the facts and circumstances of the case."

2. In support of the aforementioned relief petitioner has furnished application for release of the subject matter of premises vide Annexure- P2.

3. Perusal of the Annexure-P2, it may not be in the prescribed form therefore petitioner is at liberty to file fresh application in the prescribed form under Rule 12-B of Bihar Prohibition and Excise (Amendment) Rule, 2022. If such application is submitted the District Collector, Nawada is hereby directed to decide the 12-B application of the petitioner within a period of two weeks from the date of receipt of such application.

4. Accordingly, with the above observations, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) jyoti/- U