Ahilya Devi alias Ahaliya Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ahilya Devi alias Ahaliya Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to file a fresh release application in the prescribed form under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rule, 2022, and a direction to the District Collector, Nawada to decide such application within two weeks of its receipt.

Issue for consideration

Whether a writ of mandamus should be issued directing the District Magistrate-cum-Collector, Nawadah (respondent no.3)/concerned court to unlock the petitioner's house (house no. 32, Khata no. 608, plot no. 2127, village Gonawan, Nawadah) seized in connection with Nagar P.S. Case No. 382/2017.

Court's answer

The petitioner's release application (Annexure-P2) may not be in the prescribed form; the petitioner is at liberty to file a fresh application in the prescribed form under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rule, 2022.

Ratio / Principle

If such a fresh application is submitted, the District Collector, Nawada is directed to decide the petitioner's Rule 12-B application within two weeks from the date of receipt of such application.

Detailed headnote1 paragraphs

Patna High Court (P.B. Bajanthri, J.) disposed of a Civil Writ Jurisdiction Case seeking mandamus to unlock the petitioner's house (House No. 32, Khata No. 608, Plot No. 2127, area 1 1/2 decimal, village Gonawan, district Nawadah) seized by the Officer-in-charge, Nawadah in connection with Nagar P.S. Case No. 382/2017 instituted under sections 272, 273 IPC, 30(A) Bihar Prohibition and Excise Act 2016, 25(1-b) a/26 Arms Act and 20/2022 of the N.D.P.S Act. Observing that the release application already filed (Annexure-P2) may not be in the prescribed form, the Court permitted the petitioner to file a fresh application in the prescribed form under Rule 12-B of the Bihar Prohibition and Excise (Amendment) Rule, 2022 and directed the District Collector, Nawada to decide the 12-B application within two weeks from the date of its receipt.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3068 of 2024

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Ahilya Devi alias Ahaliya Devi Wife of Vijay Singh, resident of village Gonawan, P.S. Nagar District - Nawadah.

... ... Petitioner/s

Versus

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

The Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna.

The District Magistrate Cum-Collector, Nawadah.

The Superintendent of Excise, Nawadah.

Superintendent of Police, Nawadah.

Public information Officer, Cum In Charge Officer District Revenue Branch, Nawadah.

Officer in charge, P.S. Nagar Nawadah District Nawadah.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Respondent/s : Mr. Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

2 20-02-2024

In the instant petition, petitioner has prayed for the

following relief:-

“(i) To issue an appropriate writ(s), order (s), direction(s) in the nature of a writ of Mandamus directing the respondent the District Magistrate CumCollector, Nawadah (respondent no.3)/ concern court to unlock the house of the petitioner bearing house no. 32 standing over Khata no. 608, plot no. 2127 area 1 ½ decimal of situated in village Gonawan in the district of Nawadah which has been seized by the officer in charge Nawadah in

Patna High Court CWJC No.3068 of 2024(2) dt.20-02-2024 2/2

Nagar P.S. Case No. 382/ 2017 instituted for the offences under section 272, 273 IPC, 30 (A) Bihar Prohibition and Excise Act 2016, 25 (1-b) a/26 Arms Act and 20/2022 of the N.D.P.S Act.

(ii) To grant any other relief or reliefs for which the petitioner is found to be entitled to in the facts and circumstances of the case.”

In support of the aforementioned relief petitioner

has furnished application for release of the subject matter of premises vide Annexure- P2.

Perusal of the Annexure-P2, it may not be in the prescribed form therefore petitioner is at liberty to file fresh application in the prescribed form under Rule 12-B of Bihar Prohibition and Excise (Amendment) Rule, 2022. If such application is submitted the District Collector, Nawada is hereby directed to decide the 12-B application of the petitioner within a period of two weeks from the date of receipt of such application.

Accordingly, with the above observations, the present writ petition stands disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

jyoti/-

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