Manoj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14174 of 2023 ====================================================== Manoj Kumar Mahto, Son of Shiv Ratan Mahto, Resident of Village- San Sariya,ward no.13 Tola-Son Soraiya, Police Station- Nautan, District- West Champaran.

... ... Petitioner

Versus

1.

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

The District Magistrate, West Champaran at Bettiah. 3.

The Additional District Magistrate, Bettaih, West Champaran. 4.

The Superintendent of Police, West Champaran at Bettiah. 5.

The Officer in-charge Bettiah Muffasil, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Respondent/s :

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 07-11-2023 In the instant petition, the petitioner has prayed for the following reliefs:

"(i) For releasing the residential house of the petitioner situated at Khatta No. 10, Khesra Non 679/7, raqba 03 decimal which was sealed and confiscated in connection with Bettiah Muffasil Police Station Case No. 605 of 2021 dated 23.10.2021.

Patna High Court CWJC No.14174 of 2023 dt.07-11-2023 2/3 (ii) To quash the order dated 26.05.2023 passed in C.R.M. Case No. 1273/2021-22 by learned Additional District Magistrate, Bettiah, West Champaran.

(iii) For any other relief/reliefs for which petitioner is found entitled in the facts and circumstances of this case."

2. Prayer no.1 has become redundant in view of the fact that petitioner has suffered order in the confiscation proceedings in C.R.M. Case No. 1273/2021-22 at the hands of Additional District Magistrate, Bettiah, West Champaran on 26.05.2023.

3. Second prayer is for quashing of confiscation proceedings dated 26.05.2023, the petitioner has remedy of appeal before the Appellate Authority. Without exhausting the remedy of appeal, petitioner has approached this Court insofar as quashing the confiscation proceeding dated 26.05.2023. Accordingly, the present petition is premature insofar as deciding the validity of confiscation proceeding dated 26.05.2023.

4. Accordingly, present petition stands disposed of as not maintainable. Disposal of the present petition would not

Patna High Court CWJC No.14174 of 2023 dt.07-11-2023 3/3 be a hurdle for the petitioner to invoke remedy under Section 92 of the Bihar Prohibition and Excise Act, 2016 in filing Appeal before the Appellate Authority. The Appellate Authority is hereby directed to decide the petitioner's appeal in the event of filing Appeal and it is to be decided within a reasonable period of three months from the date of filing Appeal.

5. Accordingly, the present petition stands disposed of.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.11.2023 Transmission Date NA