Sandeep Jaiswal @ Sanjeev Jaiswal v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5232 of 2019 ====================================================== Sandeep Jaiswal @ Sanjeev Jaiswal (Male) aged about 58 years S/o- Late Kedarnath Jaiswal Resident of Saharsa, Ward No.-18,near Palika Chowk, P.S and District- Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar through The Collector, Saharsa 2.
The Collector, Saharsa Bihar 3.
The Superintendent of Police (Excise) Saharsa Bihar 4.
The Thana Adhyakshya (S.H.O) Saharsa P.S and District- Saharsa Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Veena Kumari Jaiswal For the Respondent/s :
Mr.Anil Kr. Sinha (GA1) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 09-04-2019 Heard Mr. Upendra Prasad, learned counsel appearing for the petitioner and Mr. Pawan Kumar, learned AC to GA 1 appearing for the State.
Petitioner has questioned the notice dated 03.11.2018 issued by the Collector, Saharsa in purported exercise of powers vested in him as Confiscating Authority under the Bihar Prohibition and Excise Act, 2016. It is submitted by Mr. Prasad that the house in question was abandoned and thus the recovery, if any, of liquor from the house is handy work of miscreants and not
Patna High Court CWJC No.5232 of 2019 dt.09-04-2019 2/2 the house owner.
Mr. Pawan Kumar, learned counsel for the State raises a preliminary objection on the maintainability of the writ petition because it is at the stage of notice that the petitioner has approached this Court.
Having heard learned counsel appearing for the parties, we are persuaded to to uphold the objection raised by the learned counsel for the State, however petitioner is allowed raise all issues as raised in this writ petition during the course of confiscation proceeding which shall be considered and disposed of on its own merits. With the observations above, this writ petition is disposed of.
(Jyoti Saran, J) ( Arvind Srivastava, J) mcv/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2019 Transmission Date NA