Saraswati Devi vs State Of Bihar and Ors

P. B. Bajanthri, J

In the instant Writ petition, petitioner has prayed for the following reliefs:

“(i) to set aside the order dated 09.10.2023 passed by the Collector cum District Magistrate, Bhojpur, Ara in confiscation case having Miscellaneous (Excise) Case No. 378 of 2023 arising out of Ara Nawada P.S. Case No. 289/2023 registered under section 30(a) of the Excise act, 2016.

(ii) to not to auction/sell the house/land of the petitioner situated at Mauja-Bahiro, Khata No. 79, Khesara no. 270, Area-01 Acre 04 decimal recorded in the Land Revenue Record in the name of Devsaram Rai which has been allegedly confiscated under section 58(2) of the Bihar Prohibition and Excise Act, 2016

and/or

(iii) to grant any other relief/reliefs for which the petitioner is found entitled under the facts and circumstances of the case.”

On 31.07.2025, the co-ordinate Bench has passed the following order:

“Deputy Collector or District Magistrate, Bhojpur is hereby directed to file his personal affidavit relating to service of notice of confiscation of proceedings to the petitioner, such personal affidavit be filed before the next date of hearing.

Re-list this matter on 14.08.2025.

In the meanwhile, respondents are hereby directed not to precipitate further action in the matter.”

The District Magistrate, Ara has filed affidavit on 13.08.2025. Perusal of para – 4 on wards, it is crystal clear that the petitioner has not been provided an opportunity of participating in the confiscation proceedings. The Respondents were stated to have taken Newspaper publication for the purpose of proceeding in the confiscation. It is to be noticed that petitioner is a housewife she may not be having any assess to the Newspaper publication. In the light of these facts and circumstances, on the issue of principle of natural justice, the petitioner has made out a case so as to interfere with the confiscation order dated 09.10.2023 and it is set aside.

Petitioner shall appear before the confiscating authority on 30th August, 2025 at 3.00 P.M. Thereafter, the confiscating authority is permitted to adjourn the matter for one or two times and complete the proceedings. In this regard, petitioner shall cooperate with the confiscating authority. Thereafter, the confiscating authority is hereby directed to pass a detailed speaking order after due consideration of the petitioner’s version within a period of three months from the date of receipt of this order.

With the above observation, Writ petition stands disposed of.