Patna High Court
Mithilesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is disposed of, with the court granting liberty to approach a civil court for a title suit rather than quashing the impugned orders.
Summary
Petitioners Mithilesh and Santosh Paswan, owners of a room situated on land they claim, challenged orders directing encroachment and possession of the room after illicit liquor was seized from it. The Sub‑Divisional Magistrate had ordered the Circle Officer to initiate encroachment proceedings, and the Excise Commissioner later remitted the matter for the same purpose. The petitioners sought quashing of both orders and a mandamus directing release of the property. The High Court, while refusing to set aside the orders, granted the petitioners liberty to pursue alternative remedies, such as filing a title suit in a civil court, and disposed of the writ petition.
Issues considered
- Whether the order directing encroachment proceedings and taking possession of the petitioners' room can be quashed by a writ of certiorari.
- Whether the Excise Commissioner’s order remitting the matter for encroachment proceedings can be quashed.
- Whether a writ of mandamus can be issued directing the release of the land and rooms to the petitioners.
Legislation cited
- Indian Penal Code — s. 120B, 34, 379, 419, 420, 467, 468, 471
- Indian Telegraph Act — s. 25(c)
- Information Technology Act — s. 66(c), 66(o)
Subjects
- writ petition
- certiorari
- mandamus
- encroachment proceedings
- confiscation
- excise law
- public land
- illegal liquor seizure
- civil remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11918 of 2025
======================================================
1. Mithilesh Paswan Son of Naresh Paswan, Resident of Village Ahiyachak,
Police Station Katarisarai, District Nalanda.
2. Santosh Paswan Son of Naresh Paswan, Resident of Village Ahiyachak,
Police Station Katarisarai, District Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Registration,
Excise and Prohibition, Department, Government of Bihar, Patna.
2. The Additional Chief Secretary Registration, Excise and Prohibition
Department, Government of Bihar, Patna.
3. The Excise Commissioner-cum-Appellate Authority, Registration, Excise
and Prohibition Department, Government of Bihar, Patna.
4. The District Magistrate cum Collector, Nalanda.
5. The Excise Superintendent, Nalanda.
6. The Sub Divisional Magistrate, Rajgir.
7. The Circle Officer, Katarisarai, District Nalanda.
8. The Station House Officer, Katarisarai, District Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Maharaj, Advocate
For the State : Mr. Viveka Nand Singh, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 20-04-2026 The present writ petition has been filed seeking the
following reliefs:-
“I) To issue writ/writs, order/orders, or
direction/directions including a writ in the nature of
certiorari for quashing the order dated 18.09.2023
passed in Confiscation (Excise) Case No. 12/2023, by
Patna High Court CWJC No.11918 of 2025(3) dt.20-04-2026
2/3
Respondent Sub-Divisional Magistrate Rajgir, whereby
and whereunder the respondent authority has been
pleased to direct the Respondent Circle Officer
Katarisarai, Nalanda to initiate encroachment
proceeding over the land in question and rooms
belonging to the petitioners.
II) It is further prayed for quashing the order
dated 13.05.2024 passed in Excise Appeal Case No.
17/2024, by Respondent Excise Commissioner Bihar,
Patna, whereby and whereunder the Respondent
Commissioner has remitted back the matter before the
Respondent Collector Nalanda, to send the matter before
appropriate authority for initiation of Encroachment
proceeding in the matter.
III) To issue writ/writs, order/orders,
direction/directions including a writ in the nature of
mandamus directing the Respondent authorities to
release the land in question and the rooms belonging to
the petitioners.”
2. The brief facts of the case are that on account of
recovery of 6.75 liters of illicit Indian made foreign liquor from
the room in possession of the petitioner, one Katarisarai
(Giriyak OP) Police Station Case No.332/23 dated 03.07.2023,
for the offences under Sections 419/420/467/468/
471/379/120B/34 of the Indian Penal Code, Sections 66(c)/66(o)
of the IT Act, Section 25(c) of the Indian Telegram Act and
Section 30(a) of the Bihar Prohibition and Excise Amendment
Patna High Court CWJC No.11918 of 2025(3) dt.20-04-2026
3/3
Act, 2018 was registered, whereafter the room in question was
sealed. Thereafter, one Confiscation (Excise) Case No.12 of
2023 was initiated and by the impugned order dated 18.09.2023,
passed by the Sub-divisional Officer, Rajgir, the Circle Officer,
Katarisarai has been directed to initiate encroachment
proceedings and take possession of the room in question from
which illicit liquor has been recovered, since the said room is
situated over public/Government land.
3. At this juncture, the learned counsel for the
petitioner seeks liberty on behalf of the petitioner to avail such
alternative remedies as are otherwise available under the law,
including that of filing a title suit before the learned Civil Court
of competent jurisdiction for declaration of right, title and
interest of the petitioner in the land/room in question. Liberty so
sought is granted.
4. The writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
kanchan/-
U
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