Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13548 of 2022 ====================================================== Rubi Devi, Wife of Shankar Chaudhary, Resident of Village-Ramharipind, P.S.-Rajgir, District-Nalanda.

... ... Petitioner/s

Versus

1.

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

The District magistrate-Cum-Confiscation-Authority Nalanda. 3.

The Superintendent of Police, Nalanda.

4.

The Superintendent of Excise Department, Nalanda. 5.

The S.H.O. Rajgir Police Station, Distt.-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Kumar, Advocate For the Respondent/s :

Mr. Kumar Manish ( SC 5 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 16-09-2022 Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

Patna High Court CWJC No.13548 of 2022 dt.16-09-2022 2/3 Petitioner has filed this writ petition for setting aside the order dated 20.07.2022 passed by the Confiscating Authority in Excise Confiscation Case No. 79/22 by which the learned Confiscating Authority has refused to release the sealed house of petitioner on the ground that house is constructed over the government land and has further directed the Circle Officer, Rajgir to take possession of the land by removing the

Patna High Court CWJC No.13548 of 2022 dt.16-09-2022 3/3 encroachment made over said land.

The Confiscating Authority has exceeded its jurisdiction while discharging his function as Confiscating Authority under the Excise Act. No direction for removal of encroachment can be passed under Excise Act, as such, order dated 20.07.2022 passed in Excise Confiscation Case No. 79/22 is set aside and matter is remanded to the Confiscating Authority, Nalanda to pass a fresh order within the provisions of Excise Act. With aforesaid observation and direction, the writ petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2022 Transmission Date NA