Most. Malti Devi vs The State Of Bihar on 12 August, 2025

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Patna High Court

Most. Malti Devi vs The State Of Bihar on 12 August, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5246 of 2025
     ======================================================
     Most. Malti Devi Wife of Late Anil Kumar Singh, resident of Village - Yarpur
     Rajputana, Police Station - Gardanibagh, District- Patna.

                                                          ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Secretary, Prohibition Excise and
     Registration Department, Government of Bihar, Patna.
2.   The Additional Commissioner, Prohibition Excise and Registration
     Department (Headquarter), Government of Bihar, Patna.
3.   The Excise Director, Excise Department, Government of Bihar, Patna.
4.   The Excise Commissioner, Prohibition, Excise and Registration Department,
     Patna.
5.   The District Magistrate-cum-District Collector, Patna.
6.   The Superintendent of Police, Patna.
7.   The Officer Incharge, Shastri Nagar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Dr. Satyendra Kumar Srivastava, Adv.
     For the Respondent/s   :      Mr.Dhirendra Kumar, AC to GP 5
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
              and
              HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     C.A.V. JUDGMENT
     (Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)
     Date : 12-08-2025

                        This writ petition has been filed by the petitioner

      against the order dated 02.09.2024 passed by the Secretary,

      Prohibition Excise and Registration Department, Govt. of Bihar,

      Patna (respondent no.1) in Excise Revision Case No. 17 of 2024

      rejecting the revision filed by the petitioner against the order

      dated 19.06.2023 passed by Excise Commissioner, Bihar, Patna

      in Excise Appeal Case No. 56 of 2023 affirming the order dated
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         14.01.2023

passed by the District Collector, Patna in Excise

Confiscation Case No. 3765 of 2022-23.

2. By filing the present writ petition, the

petitioner has prayed for the following relief(s):-

“(i) For issuance of appropriate writ/writs,
direction/directions or order/orders especially in
the nature of Certiorari the order dated
02.09.2024 passed in Excise Revision Case
No.17/14 passed by Additional Commissioner of
Excise (Headquarter) Prohibition Excise, Patna,
Bihar (Respondent No.2) arised in with Excise
Appeal Case No.56/2023 passed order dated
13.06.2023 by Secretary of Commissioner Excise
Court, Patna which arising out specially the order
dated 14.01.2023 passed in Excise Confiscation
Case No.3765 of 2022-23 by the District
Collector, Patna in directing to operation for the
confiscation order whereby and whereunder the
property has been seized in connection with
Excise Case bearing Shastri Nagar P.S. Case
No.586/2022 against the premises in question of
the owner of the land as well as the shop of the
petitioner.

(ii) For the issuance of appropriate writ in the
nature of Certiorari especially quashing the order
dated 14.01.2023 passed by the Collector, Patna
(Respondent No.5) in Excise Confiscation Case
2.23. No.3765/2022; whereby and whereunder the
Patna High Court CWJC No.5246 of 2025 dt.12-08-2025
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property of the petitioner was ordered to be
confiscated in connection with Shastrinagar P.S.
Case No. 586/2022 as being owner of the property
and it was her responsibility to ensure that her
premises an rental shop is not being used for any
unauthorized business.

(iii) For that the petitioner also further prays for
issuance of appropriate writ/writs for direction or
order/orders especially in the nature of mandamus
directing the respondents to release the shop
having been constructed upon the ancestral
property appertaining under the Boundary of
North- Baldeo Bhawan, South office of Nawal
Bihar, East- Akilpur Kothi, West- Mohit Narayan
Path. Such belong to covered of Nagar Nigam,
Patna accordingly pay the rent of Circle-249 the
father-in-law which under the Shastrinagar Police
Station, Patna in favour of the petitioner which
was confiscated by respondents in connection with
Shastrinagar P.S. Case No.586/2022 dated
09.09.2022 registered under sections
30(a)
/32(ii)/36/42(ii) of Bihar Prohibition &
Excise (Amendment) Act 2022 as the petitioner is
a lawful owner of Rental Shop as tenant namely
Rabi Kumar was open the shop in rented building
of petitioner on rent as (New Star
Communication) had leased of rent in pursuant to
an agreement dated 01.03.2013 executed by the
Brother-in-law (Sunil Kumar Singh) in that the
property under possession of petition after divide
Patna High Court CWJC No.5246 of 2025 dt.12-08-2025
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the share from Brother-in-law (Bhaisur).

And
For any other relief/reliefs which the Hon’ble
Court may be grant in general interest, that may
be deemed appropriate and necessary in this
case.”

3. Briefly stated the facts of the case is that there

is alleged recovery of 23.59 liters of illicit liquor from the shop

run by one Rabi Kumar. On the basis of aforesaid fact, Shastri

Nagar P.S. Case No. 586 of 2022 was registered under Sections

30(a)/32(ii)/36/42(ii) of the Bihar Prohibition and Excise

(Amendment) Act, 2022.

4. Learned counsel for the petitioner submitted

that the brother-in-law of the petitioner namely, Sunil Kumar

Singh entered into an agreement of rent with said Rabi Kumar

on 01.03.2013 (Annexure-P/2) with security cost of Rs. 55,000/-

per month rent and in light of the same said Rabi Kumar has

been carrying business in Shop No. 2 as “New Communication

Shop”. It has been submitted that vide letter no. 9041 dated

05.11.2022 the letter communicated by Senior Superintendent of

Police in regard to Shastrinagar P.S. Case No. 586 of 2022 dated

09.09.2022 the country made liquor had been recovered hence

the New Star Communication Shop had been sealed and

recommended for confiscation before District Collector, Patna.
Patna High Court CWJC No.5246 of 2025 dt.12-08-2025
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Notice (Annexure-P/3) was issued against owner of the property

Late Rameshwar Prasad Singh and his legal dependent by

memo no. 1530 dated 14.11.2022 for filing show cause. In

response to the said notice, petitioner appeared in the

confiscation case and submitted that her father-in-law died on

08.03.1993 and her husband died on 09.02.2019. It has been

submitted that shop in question was rented out to one Rabi

Kumar and the said premise where the shop in question is

situated has been misused. It has been submitted that petitioner

is living alone at Gardanibagh Rajputana, Patna which is 10

Kms. away from the shop in question and after death of her

husband the renter has been paying rent through brother-in-law

and she has no role at all in the alleged illegal activity. It has

been submitted that the premises of the petitioner was

confiscated and sealed in the light of the order dated 14.01.2023

passed by the District Collector, Patna (respondent no. 5) in

Confiscation Case No. 3765 of 2022-23. Against the aforesaid

order of confiscation, petitioner filed appeal bearing Excise

Appeal Case No. 56 of 2023 before the appellate authority i.e.

Excise Commissioner, Bihar, Patna and the appellate authority

without taking into consideration the defence of the petitioner

passed rejected the appeal filed by the petitioner. Being
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aggrieved by the aforesaid orders, petitioner filed revision

before the Secretary, Prohibition, Excise and Registration

Department, Govt. of Bihar, Patna vide Excsie Revision Case

No. 17 of 2024, which has been rejected by order dated

02.09.2024 without taking into account the materials available

on record. It has been submitted that petitioner being a lady and

the alleged shop was on the ancestral property of the petitioner

and the affair of the shop in question was managed by the

brother-in-law on the basis of the rent agreement and petitioner

was not in direct touch with the renter who has been

apprehended from the shop. There is nothing on record which

goes to show that petitioner is in any way connected with the

illegal activities under the Excise Act. The person who has been

apprehended from the shop is the renter and the said shop is on

the ancestral property of the petitioner. It is submitted that in all

the proceedings before the confiscating authority, appellate

authority and the revisional authority the reasonable defence of

the petitioner has not been taken into account. Hence, petitioner

has no other efficacious remedy rather to approach this Court by

filing the present writ petition.

6. Per contra, learned counsel appearing for the

respondents submitted that there is recovery of illicit liquor
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from the shop situated in the premises of the petitioner and

petitioner being the owner of the property in question had the

responsibility to ensure her the shop in question is not being

misused for any unauthorized business. It has been submitted

that though there is an agreement for rent between Sunil Kumar

Singh, the brother-in-law of the petitioner and the tenant Rabi

Kumar, but the said property belongs to the petitioner. Learned

counsel submitted that in the explanation to the show cause the

petitioner has failed to produce any evidence which goes to

suggest that the shop was not used for storage of illicit liquor. In

this way, the orders have been passed by the confiscation

authority, appellate authority and the revisional authority on the

basis of material available on the record and therefore, no

interference is needed. In light of the aforesaid facts and

circumstances, the order passed by the confiscating authority,

the appellate authority and the revisional authority have been

passed on basis of the material available on record and are

proper and justified and hence requires no interference.

7. Having gone through the material available on

record, it is crystal clear that there is alleged recovery of 23.59

liters of illicit liquor from the shop in question and one person

was apprehended. Petitioner being a lady was not directly
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concerned with the affairs of the shop which was run by the

renter on the ancestral property of the petitioner in the light of

rent agreement between the brother-in-law of the petitioner and

the renter Rabi Kumar and the affairs of rent was being

managed by the brother-in-law but at the same time the

petitioner failed to monitor the activities of the shop from where

illicit liquor was recovered. However, having gone through the

materials available on record, for recovery of 23.59 liters of

illicit liquor from the shop in question, confiscation of the whole

property is disproportionate to the offence committed and

conscious of this Court does not allow confiscation of whole

property.

8. Having regard to the fact that petitioner is a

lady and she has no direct concern with the day to day affairs of

the shop in question which was let out on rent as per agreement

contained in Annexure-P/2, we are exercising extra-ordinary

jurisdiction under Article 226 of the Constitution of India.

9. Moreover, while dealing with similar issue, as

is involved in the present writ petition, a Division Bench of this

Court by judgment dated 14.09.2023 passed in C.W.J.C. No.

17894 of 2022 (Sunita Sinha Vs. State of Bihar & Ors.)

directed for release of the godown forthwith in favour of the
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landlord. The present case is squarely covered by the aforesaid

judgment passed in the case of Sunita Sinha (supra).

8. Keeping in view the discussions made above,

the orders dated 14.01.2023 (Annexure-P/4), 19.06.2023

(Annexure-P/5) and 02.09.2024 (Annexure-P/6) passed by the

confiscation authority, appellate authority and the revisional

authority respectively are, hereby, quashed. The respondent

authorities are directed to release the shop/property in favour of

the petitioner forthwith.

10. The writ petition stands allowed.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)
mcverma/-

AFR/NAFR                AFR
CAV DATE                05.08.2025
Uploading Date          12.08.2025
Transmission Date       NA
 



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