Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner must pursue the appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.
Summary
The petitioner, Sanjay Kumar, filed a writ petition seeking a mandamus directing the State officials to unseal his flat, which had been sealed under Section 30(a) of the Excise (Amendment) Act, 2018. The petitioner’s counsel argued that the Collector had already passed a final order in the related Excise Confiscation case, and therefore the appropriate remedy was to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016. The Court examined whether a writ petition was maintainable after a final order and concluded that the petitioner should pursue the statutory appeal. Consequently, the Court granted liberty to the petitioner to file the appeal and disposed of the writ petition. The petition was therefore dismissed without any further order directing unsealing.
Issues considered
- Whether a writ petition seeking mandamus to unseal a property is maintainable when a final order has been passed in the underlying excise case.
- Whether the petitioner is entitled to relief under the writ jurisdiction or must resort to the statutory appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 92
- Excise (Amendment) Act, 2018 — s. 30(a)
Subjects
- writ petition
- mandamus
- sealing
- excise law
- prohibition act
- appeal
- Section 92
- unsealing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11628 of 2025
======================================================
Sanjay Kumar, Male, Son of Ram Nandan Sinha, R/o 301, Raja Ram
Apartment, Anandpuri, West Boring Canal Road, P.S Sri Krishnapuri,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Excise and Prohibition, Govt. of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Additional Collector, Patna.
4. The Excise Superintendent, Patna.
5. The Superintendent of Police, Patna.
6. The Officer-in-Charge, Sri Krishnapuri Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kalpana, Advocate
Mr. Utkarsh Pathak, Advocate
For the Respondent/s : Standing Counsel 11
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 24-06-2026 The present writ petition has been filed seeking the
following reliefs:-
“i. For issuance of a writ of Mandamus or
any other appropriate order/orders, direction/directions
directing the respondents to unseal the flat of the
petitioner bearing no. Situated at Ground floor of Block
B in Raja Ram Apartment Anandpuri, P.S. Sri
Krishnapuri, District-Patna which has been sealed by
the State officials under the Patna Excise P.S. Case
No.255/2023 u/s 30(a), of the Bihar Prohibition and
Patna High Court CWJC No.11628 of 2025(4) dt.24-06-2026
2/2
Excise (amendment) Act, 2018.
ii. For any other order/orders, relief/reliefs
for which the petitioner may be entitled in the eyes of
law.”
2. At the outset, the learned counsel for the petitioner
submits that the learned Collector, Patna has already passed a
final order in the pending Excise Confiscation Case No.4303 of
2023-24, hence the petitioner be permitted to file appropriate
appeal under Section 92 of the Bihar Prohibition and Excise
Act, 2016, as amended up to date. Liberty, so sought, is granted.
3. Accordingly, the present writ petition stands
disposed of.
(Mohit Kumar Shah, J)
(Raj Kumar, J)
GAURAV S./-
U
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