Bhoj Miyan @ Rahim Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14980 of 2024 ====================================================== Bhoj Miyan @ Rahim Miyan Son of Bhikhari Miyan @ Nezamuddin Mian @ Najamun Miya Resident of Village-Murali, Police Station-Balthar, DistrictWest Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Excise Commissioner, and Prohibition Excise and Registration Department Government of Bihar, Patna. 2.

The Collector Cum District Magistrate, Bettiah, West Champaran. 3.

The Additional District Magistrate, West Champaran at Bettiah. 4.

The Superintendent of Police, Bettiah West Champaran. 5.

The Officer-In-Charge of Balthar Police Station, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the State :

Mr. Ajay Behari Sinha, GA 8 Mr. Suryakant Kumar, AC to GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SHASHI BHUSHAN PRASAD SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-10-2024 The petitioner has sought for the following reliefs - "(i) For direct the respondent authorities to disposed off the case No. C.R.M. 953/22-23 pending in the Court of Learned Additional District Magistrate, Bettiah, West Champaran.

(ii) For release the House of the petitioner seized in connection with Balthar Police Station Case No.82 of 2022.

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

Patna High Court CWJC No.14980 of 2024(2) dt.04-10-2024 2/2

2. The Additional District Magistrate, West Champaran at Bettiah is requested to decide the case namely C.R.M. 953 of 2022-23 within a reasonable period of two months from the date of receipt of this order.

3. Insofar as second prayer is concerned, petitioner is at liberty to file application under Rule 12 B of the Bihar Prohibition and Excise Rules, 2021 read with amended sub-Rule 2 of Rule 12B in the year 2022 and 2023 before the competent authority. If such application is submitted in the prescribed format, in that event, the concerned authority is hereby directed to take note of and decide the petitioner's application within a period of two weeks from the date of receipt of the application under Rule 12 B.

3. Accordingly, present writ petition stands disposed of.

(P. B. Bajanthri, J) (Shashi Bhushan Prasad Singh, J) Raj/GauravU