Kusum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14924 of 2022 ====================================================== Kusum Devi Wife of Vijay Choudhary, resident of Village- Mishra Maniyari, P.S. - Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar Patna.

2.

The District Magistrate cum Collector, Muzaffarpur. 3.

The Deputy Collector cum Addl. District Magistrate, Muzaffarpur. 4.

The Senior Superintendent of Police, Muzaffarpur. 5.

The Officer in -Charge, Maniyari Police Station, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Respondent/s :

Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 17-08-2023 On 31.07.2023, the matter was heard and the following order was passed:- "In the instant petition, petitioner has prayed for the following relief(s):- "(A) To issue appropriate writ, order or direction in the nature of Certiorari for quashing/setting aside the notice dated 10.08.2022 issued by respondent Deputy Collector cum Addl. District Magistrate, Muzaffarpur vide Notice memo No. 760 dated 10.08.2022 whereby it has been informed to the petitioner that respondents

2/4 are going to confiscate the house of petitioner situated in Khata No. 44, Plot No. 205 area 02 decimal of Thana No. 445 (Maniyari), Muzaffarpur in a very arbitrary manner contrary to the facts that the petitioner is poor and landless lady apart from the aforesaid house she has no other land, and police has never seized/sealed the aforesaid house in any excise case.

(B) To grant any other relief or reliefs under the facts and circumstances of the cases under which the petitioner is entitle."

2. The alleged offences relates back to 05.12.2021. Whereas, the premises to be sealed under Section 62 was introduced for the first time w.e.f. 01.04.2022 under the amended Act, 03.03.2022. Therefore, question of seizure of premises of petitioner is not permissible. However, the concerned respondent is permitted to proceed with the confiscation proceedings, in such proceedings, petitioner shall be given ample opportunity of hearing.

3. With the above observation, the present petition stands disposed of.

4. At this stage, learned counsel for the State intends to produce relevant unamended Section 62 as well as Rule 12 on the next date of hearing so as to apprise whether respondents have still power as on 05.12.2021 insofar as seizure of any premises or not?

5. Relist this matter on 16.08.2023."

3/4

02. Today, we have perused Section 62 of Bihar Prohibition and Excise Act, 2016 as well as Rule 12 of Bihar Prohibition and Excise Rules, 2021 (for short 'the Rules, 2021). The registration of F.I.R. is dated 05.12.2021 whereas Rule 12 of the Rules, 2021 was introduced on 27.09.2021. The competent authority issued notice of appearance of the petitioner on 10.08.2022 for her appearance on 24.08.2022. The petitioner did not appear, thereafter, the competent authority proceeded to notifying notice in the news paper on 06.01.2023 for appearance. In the meanwhile, the present petition is filed.

03. Perusal of the dates and events read with Rule 12 of the Rules, 2021 and the date of F.I.R., the petitioner would be subjected to under Rule 12 of the Rules, 2021.

04. In the light of these facts and circumstances, the petitioner is hereby directed to appear before the competent authority and apprise it the factual aspects of the matter for the purpose of not confiscating the subject matter of immovable property. The competent authority is hereby directed to take note of each and every contention of the petitioner and proceed to pass order under Rule 12 of the Rules, 2022. The above exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The petitioner is

4/4 hereby directed to co-operate in the aforementioned proceeding.

05. With the above observations, the writ petition stands disposed of.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) Ashish/- AFR/NAFR NA CAV DATE NA Uploading Date 21.08.2023 Transmission Date NA