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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

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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