Patna High Court
Jagdeo PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed as not pressed due to lack of locus standi.
Summary
Jagdeo Prasad filed a writ petition in the Patna High Court seeking to quash three orders that had sealed his premises under Section 30(A) of the Bihar Prohibition and Excise Act, 2016, following the recovery of illicit liquor. The petitioner was not the owner of the premises; ownership belonged to his wife, who was not a party to the petition. The court observed that the petitioner lacked locus standi to challenge the orders and therefore the petition was not maintainable. Consequently, the writ petition was disposed of as not pressed. The court, however, clarified that the earlier orders would not prejudice the wife’s right to seek relief under the Bihar Prohibition and Excise Act and its amendment rules.
Issues considered
- Whether the petitioner has locus standi to challenge the sealing orders under the Bihar Prohibition and Excise Act, 2016.
- Whether the writ petition is maintainable in the absence of the property owner as a party.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(A)
Subjects
- writ petition
- locus standi
- seizure of premises
- illicit liquor
- Bihar Prohibition and Excise Act
- maintainability
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8777 of 2025
======================================================
Jagdeo Prasad S/o Late Radha Krishana Prasad, Resident of Ward No. 15
Bettiah, P.S.- Kalibag O.P., District- West Champaran (Bettiah).
... ... Petitioner
Versus
1. The State of Bihar through its Principal Secretary, Department of Prohibition
Excise and Registration, Government of Bihar, Patna.
2. The Excise Commissioner, the Department of Prohibition and Excise Bihar,
Patna.
3. The Secretary, Department of Prohibition and Excise Bihar, Patna.
4. The Collector, West Champaran at Bettiah.
5. The Superintendent of Police, West Champaran at Bettiah.
6. The Additional District Magistrate, West Champaran at Bettiah.
7. The Sub-Inspector of Police, Bettiah Nagar (Kalibag O.P.) District- West
Champaran.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Lalan Kumar Verma, Advocate
For the Respondents : Mr. Government Pleader 12
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
6 16-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the respondent State.
2. Though the present writ petition has been filed
for quashing the orders dated 13.10.2023, 11.03.2024 and
20.05.2024 passed by the Court of learned Additional District
Patna High Court CWJC No.8777 of 2025(6) dt.16-03-2026
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Magistrate, West Champaran at Bettiah, the Commissioner,
Excise, Bihar, Patna and the Excise Secretary, Bihar, Patna
respectively, however, at the outset the learned counsel for the
petitioner, realizing the fact that the present writ petition is not
maintainable at the behest of the petitioner, who is not the
owner of the premises in question, which has been sealed in
connection with Bettiah Nagar (Kalibagh O.P.) P.S. Case No.
441 of 2022 dated 12.06.2022, registered under Section 30(A)
of the Bihar Prohibition and Excise Act, 2016, on account of
recovery of 84 litres of illicit liquor from the premises in
question, seeks not to press the present writ petition.
Nonetheless, the learned counsel for the petitioner submits
that it be observed that the present order shall not cause any
prejudice to the wife of the petitioner, who is the owner of the
premises in question, in case she chooses to file appropriate
application for release of the premises in question.
3. Having regards to the facts and circumstances
of the case, the present writ petition stands disposed off as not
pressed. However, we make it clear that the present order as
also the various orders passed by the State authorities, which
have been challenged in the present writ petition, in which
wife of the petitioner was not a party, shall not cause
Patna High Court CWJC No.8777 of 2025(6) dt.16-03-2026
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prejudice to the case of the wife of the petitioner in case she
chooses to take appropriate steps for release of the premises in
question by availing the remedies available under the
provisions of Bihar Prohibition and Excise Act, 2016 as
amended by the Amendment Act, 2018 and 2022, as also
under the Bihar Prohibition and Excise (Amendment) Rules,
2022.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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