Chita Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Chita Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No direct unsealing ordered by the writ court; petitioner directed to submit an application in the prescribed form under Rule 12(B) of Bihar Prohibition and Excise Rules, 2021 (read with Amended Rules 2022 and 2023), upon which the concerned authority must pass an order within two weeks of receipt.

Issue for consideration

Issuance of an appropriate writ/order/direction directing the respondent authorities to un-seal the petitioner's house, which was sealed in connection with Crime No. 637 of 2021 under Masaurhi Police Station for the offence under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. +1 more

Ratio / Principle

The petitioner has an alternative remedy under Rule 12(B) of Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023, exercisable by submitting an application in the prescribed form.

Key takeaways

If the prescribed-form application is submitted, the concerned authority shall take note of it and pass an order within a period of two weeks from the date of receipt of the application.ratio¶28
With the above observation (recourse to the Rule 12(B) application route), the present C.W.J.C. No. 4249 of 2024 stands disposed of; the writ court itself issues no direct unsealing direction.ratio¶29

Detailed headnote1 paragraphs

PATNA HIGH COURT — Civil Writ Jurisdiction Case No.4249 of 2024, orally decided 15-03-2024 (judgment delivered per P. B. Bajanthri, J.; bench included Alok Kumar Pandey, J.). Petitioner Chita Devi sought writ directions ordering the respondent authorities (Department of Excise and Registration; D.M.-Cum-Collector, Patna; SSP, Patna; O/C Masaurhi PS) to un-seal her house, which had been sealed in connection with Crime No. 637 of 2021 under Masaurhi Police Station for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The court held that the petitioner has an alternative remedy under Rule 12(B) of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023: once an application is submitted in the prescribed form, the concerned authority is directed to take note of it and pass an order within two weeks from the date of receipt. On that observation the C.W.J.C. was disposed of; no immediate unsealing was ordered by the court. No precedent cases were cited; single oral judgment, no dissenting opinion.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4249 of 2024

In

Criminal Writ Jurisdiction Case No.879 of 2023

======================================================

Chita Devi Wife of Hira Lal Yadav Resident of Village- Gangachak, Malikana P.S.- Masaurhi District- Patna.

... ... Petitioner/s

Versus

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

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

The District Magistrate-Cum-Collector, Patna.

The Senor Superintendent of Police, Patna.

The Officer in-Charge, Masaurhi Police Station, Masaurhi Patna.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s For the Respondent/s

: Mr.Sanjeev Kumar, Advocate : Mr.Vivek Prasad (GP7)

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 15-03-2024

In the instant petition, the petitioner has prayed

for following relief(s):-

“that this is an application for issuance of an appropriate writ/ writs, order/orders, direction/directions directing the respondent authorities to un-seal the house of the petitioner which has been sealed by the authorities in connection with Crime No. 637 of 2021 under Masaurhi Police Station for the offence under Section 30(a) of

Patna High Court CWJC No.4249 of 2024 dt.15-03-2024 2/2

Bihar Prohibition and Excise Amendment Act, 2018.”

Petitioner has alternative remedy under Rule

12(B) of Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 in the prescribed form. If such application is submitted, the concerned authority is directed to take note of and proceed to pass order within a period of two weeks from the date of receipt of such application.

With the above observation, the present C.W.J.C. No. 4249 of 2024 stands disposed of.

(P. B. Bajanthri, J)

(Alok Kumar Pandey, J)

alok/-

AFR/NAFR	N/A
CAV DATE	N/A
Uploading Date	19.03.2024.
Transmission Date	N/A