Lalghari Devi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1872 of 2018 ======================================================
1. Lalghari Devi, Wife of Late Buchi Pasi,
2. Kanhaiya Pasi, Son of Late Buchi Pasi, Both are resident of Village- Khajurbani, Ward No. 25, P.S.- Gopalganj, DistrictGopalganj. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner, Excise Department, Government of Bihar, Patna.
2. The District Magistrate-cum Collector, Gopalganj.
3. The Excise Superintendent of Police, Gopalganj.
4. The S.H.O. Gopalganj Town Police Station, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Respondent/s :
Mr. Vikash Kumar -SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-02-2018 As against the impugned order passed confiscating the house of the petitioner, statutory remedy of appeal is available, we are not inclined to interfere into the matter. Even though in various cases of confiscation of houses, this Court has exercised its extra ordinary jurisdiction and passed orders for release of the house, but this is a totally different case and the facts and circumstances of this case does not warrant exercise of extraordinary jurisdiction in the matter. This is a case where the FIR lodged against the petitioner indicates that the house was used for manufacturing illicit liquor and by consumption of the illicit liquor, various persons lost their lives and the confiscation
Patna High Court CWJC No.1872 of 2018(2) dt.15-02-2018 2/2 proceedings started in view of the above.
Taking note of the peculiar facts and circumstances of this case, we see no reason to make any indulgence into the matter. Granting liberty to the petitioners to take statutory remedy of appeal against the impugned action, we dispose of the matter. (Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U