Patna High Court
Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the petitioner must pursue the statutory remedy provided under Rule 12B of the Bihar Prohibition and Excise Rules, 2021.
Summary
Petitioner Ranjit Kumar filed a writ petition in the Patna High Court seeking the release of a godown from which nine litres of foreign liquor had been seized. The petition alleged that the premises should be released without further procedural steps. The Court noted that Rule 12B of the Bihar Prohibition and Excise Rules, 2021 provides a specific statutory remedy for release of premises upon payment of a penalty. Since the petitioner had not invoked this rule, the Court held that the writ petition was not maintainable. Accordingly, the Court dismissed the writ and directed the petitioner to file an application under Rule 12B within 30 days, after which the competent authority would decide the matter.
Issues considered
- Whether a writ petition for release of premises is maintainable when a specific statutory remedy under Rule 12B exists
- Whether the High Court can entertain the petition without the petitioner invoking the statutory procedure
Legislation cited
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12B
Subjects
- writ jurisdiction
- statutory remedy
- excise law
- release of premises
- penalty
- Rule 12B
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2618 of 2026
======================================================
Ranjit Kumar Son of Saroj Prasad Gupta Resident of Kaji Bagh, P.S.- Patna
City, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise,
Govt. of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Superintendent of Police, Patna.
4. The Excise Officer, Excise P.S., Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, Government Pleader (17)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
5 16-06-2026 Heard learned counsel for the petitioner and
learned GP-17 for the State.
2. Petitioner has directly moved this Court in its
writ jurisdiction by filing a writ petition for release of the
godown premises from where 9 litres of foreign-made liquor
are said to have been recovered.
3. Rule 12B of the Bihar Prohibition and Excise
Rules, 2021 (as amended vide Amendment Rules, 2022)
(hereinafter referred to as the ‘Rules of 2021’) provides for
release of the premises on payment of penalty.
Patna High Court CWJC No.2618 of 2026(5) dt.16-06-2026
2/3
4. When we questioned learned counsel for the
petitioner as to whether he has gone through Rule 12B of the
Rules of 2021, the answer was in negative.
5. In the counter affidavit, the State respondents
have rightly taken a plea that the petitioner has got a
statutory remedy which is equally efficacious.
6. In such view of the matter, we refuse to
entertain the writ application. The petitioner, if so advised
may file an appropriate application invoking the Rule 12B of
the Rules of 2021. If any such application is filed before the
competent authority, i.e. the Collector or an officer
authorised by him within a period of 30 days from today, the
same will be considered by the competent authority at the
earliest opportunity and an appropriate order thereon shall be
passed within a period of 30 days from the date of filing of
the application.
7. Needless to say that while considering the
application for release of the premises, the quantum of
penalty shall be guided by the factors provided by the Rules
and not beyond that. The petitioner will be at liberty to place
the judicial pronouncements on the subject at the time of
hearing of the matter before the competent authority.
Patna High Court CWJC No.2618 of 2026(5) dt.16-06-2026
3/3
8. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-ritwika/-
U
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