Disposed¶31

Tetari Devi v. The State of Bihar

Patna HC16 May 2025CWJC/4668/2025

Case brief

AI extract

What is this about?

Illicit liquor 1 litre recovery; house sealing/unsealing; excise confiscation order 03.08.2022, Confiscation (Excise) No. 60/2022, SDM Rajgir Nalanda; Giriyak (Pawapuri O.P) P.S. Case No. 37/2022; Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018; Sections 58, 92, 93 Bihar Prohibition and Excise Act, 2016; Rule 12A Bihar Prohibition and Excise Rules, 2021 (amended 2022-2023); Article 226 writ; prevention of multiplicity of proceedings; fine Rs. 10,000; consent-based disposal; CWJC No.4668 of 2025, Patna High Court, decided 16-05-2025; NAFR.

What did the court decide?

Direction to the concerned authority to collect a fine of Rs. 10,000/- from the petitioner and unseal her house within one week of receipt of the order; writ petition disposed of. ¶31

Tetari Devi Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

What the court decided

AI extract

Outcome

Direction to the concerned authority to collect a fine of Rs. 10,000/- from the petitioner and unseal her house within one week of receipt of the order; writ petition disposed of.

¶31

Issue for consideration

Whether the petitioner's house and premises, from which 1 litre of illicit liquor was allegedly recovered, ought to be released/unsealed and the confiscation order dated 03.08.2022 in Confiscation (Excise) No. 60/2022 (SDM, Rajgir) set aside. +1 more

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Court's answer

Considering the small quantity of liquor, the concerned authority is directed to collect a fine of Rs. 10,000/- from the petitioner and unseal her house within one week of receipt of the order; the petitioner raised no objection.

¶27

Ratio / Principle

Instead of adjudicating the pleaded waiver of penalty, the court fixed the monetary consequence at Rs. 10,000/- with the petitioner's consent and conditioned release of the house on its collection, thereby resolving the prayer for waiver.

¶27

Key takeaways

The order was passed under Article 226 so that, for a matter involving only 1 litre of illicit liquor, the petitioner would not be subjected to multiple proceedings under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (amended in 2022 and 2023) and Sections 58, 92 and 93 of the Bihar Prohibition and Excise Act, 2016 — to prevent multiplicity of proceedings in the interest of justice.ratio¶30

Detailed headnote1 paragraphs

PATNA HIGH COURT (Division Bench: P. B. Bajanthri & S. B. Pd. Singh, JJ.; judgment per S. B. Pd. Singh, J.) — CAV judgment (CAV 07-05-2025) delivered 16-05-2025 in Civil Writ Jurisdiction Case No.4668 of 2025 (NAFR). Petitioner Tetari Devi sought a mandamus for release of her house and setting aside of the confiscation order dated 03.08.2022 passed by the Sub-Divisional Magistrate, Rajgir in Confiscation (Excise) No. 60/2022 (identification of her share, sale at Maximum Floor Price, deposit in Treasury), following alleged recovery of 1 litre of illicit liquor and registration of Giriyak (Pawapuri O.P) P.S. Case No. 37 of 2022 dated 26.01.2022 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018; she also prayed for waiver of the penalty citing indigence and contended the confiscation proceeded without notice. Exercising jurisdiction under Article 226 of the Constitution of India to spare her, for a 1-litre recovery, from proceedings under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (sub-Rule 2 amended 2022 and 2023) and Sections 58, 92 and 93 of the Bihar Prohibition and Excise Act, 2016, and to prevent multiplicity of proceedings, the court directed collection of a fine of Rs. 10,000/-(Ten Thousands) and unsealing of the house within one week, to which the petitioner had no objection; the writ petition stands disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4668 of 2025

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

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Tetari Devi wife of Sakhichand Chaudhary @ Bhutali Chaudhary, resident of Village- Sakuchi Sarai, P.S. Giriyak (Pawapuri), District- Nalanda.

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... ... Petitioner/s

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Versus

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

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The Collector-cum-District Magistrate, Nalanda.

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The Superintendent of Police, Nalanda.

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The District Supply Officer (Excise), Nalanda.

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The Circle Officer, Giriyak, Nalanda.

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The SHO, Giriyak (Pawapuri O.P) Police Station, District- Nalanda.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate Ms. Dimpal Kumari, Advocate For the Respondent/s : Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI And HONOURABLE MR. JUSTICE S. B. PD. SINGH CAV JUDGMENT (Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH) Date : 16-05-2025

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In the instant petition, petitioner has prayed for the following relief(s):-

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“I. For issuance of writ of mandamus and any other appropriate writ or writs, order/orders, direction/directions to the respondent’s authority to release the house with premises of the petitioner, wherefrom it is alleged to be the recovery of illicit wine.

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II. For setting aside the order dated

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Patna High Court CWJC No.4668 of 2025 dt.16-05-2025

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2/4

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03.08.2022 passed in Confiscation (Excise) No. 60/2022 passed by the Sub-Divisional Magistrate, Rajgir, Nalanda by which it has been ordered to identify the share of the petitioner and sold it on Maximum Floor Price and deposit it in the Treasury.

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III. For further direction to waive the fine imposed upon the petitioner as a penalty as per Bihar Excise Amendment Act, as the petitioner belongs to a lower stratum of the society and has no other land except the present one.

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IV. For any other appropriate order/orders and direction/directions befitting to the petitioner in the larger interest of natural justice.

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Briefly stated the facts of the case is that there

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is alleged recovery of 1 litre of illicit liquor from the house of the petitioner. On the basis of aforesaid fact, Giriyak (Pawapuri O.P) P.S. Case No. 37 of 2022 dated 26.01.2022 was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

¶24

Learned counsel for the petitioner submitted that petitioner is the owner of the house and she has no

¶25

Patna High Court CWJC No.4668 of 2025 dt.16-05-2025 3/4

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concern with the seized illicit liquor. The petitioner is an illiterate lady and due to village enmity, she has falsely been implicated in this case. It is further submitted that without receiving any notice, confiscation proceeding was initiated vide order dated 03.08.2022 passed in Confiscation (Excise) Case No. 60 of 2022 by Sub-Divisional Magistrate, Rajgir which is illegal, arbitrary and whimsical. The seizure list has been made without following the rule of search. The recovery of illicit liquor is only 1 liter and it is a meager quantity and not within the purview of commercial quantity.

¶27

Considering the small quantity of liquor, the concerned authority is hereby directed to collect fine of Rs. 10,000/-(Ten Thousands) and unseal the house of the petitioner within a period of one week from the date of receipt of this order, for which petitioner has no objection.

¶28

We are conscious of the fact that alleged recovery is meager quantity and the aforesaid order has been passed while invoking extra ordinary jurisdiction under Article 226 of the Constitution of India for the reasons that unnecessarily petitioner shall not be subjected to various proceedings like Rule of 12A of the Bihar

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Patna High Court CWJC No.4668 of 2025 dt.16-05-2025 4/4

¶30

Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023, Sections 58, 92 and 93 of the Bihar Prohibition and Excise Act, 2016, for an issue of 1 litres of illicit liquor and such order is required to prevent the multiplicity of proceeding in the interest of justice.

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Accordingly, the writ petition stands disposed

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of.

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( S. B. Pd. Singh, J)

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(P. B. Bajanthri, J)

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Shageer/-

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AFR/NAFR	NAFR
CAV DATE	07/05/2025
Uploading Date	16/05/2025
Transmission Date	N/A

Tetari Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tetari Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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