P. B. Bajanthri, J. – In the instant petition, petitioner has prayed for the following reliefs: –

"(i) Issuance of writ of certiorari quashing the order, dated 07.02.2017/16.05.2017 the passed by Collector-cum-District Magistrate, Muzaffarpur in Confiscation Case No.26 of 2016-17 by which in purported exercise of powers conferred under Section 58 of the Bihar Prohibition and Excise Act, 2016, the entire premises, namely, Hotel Chandralok Continental, Muzaffarpur situated over Khata No.140, Khesra No.45(Ka), (Kha), (Ga), 46(Ka), (Kha), (Ga) having an area of 0.3090 hectres has been confiscated; the Sub-Divisional Officer, East Muzaffarpur has been directed to declare the aforesaid property as Government property and to ensure handing over of the physical possession of the property to the Circle Officer, Musahari, Muzaffarpur;

(ii) Directing the respondents to forthwith release the aforesaid premises situated over Khata No.140, Khesra No.45(Ka), (Kha), (Ga), 46(Ka), (Kha), (Ga) having an area of 0.3090 hectres in the district of Muzaffarpur in favour of the petitioner;

(iii) To stay the impugned order, dated 07.02.2017/16.05.2017 passed by the Collector-cum-District Magistrate, Muzaffarpur in Confiscation Case No.26 of 2016-17 and direct to release the aforesaid premises situated over Khata No.140, Khesra No.45(Ka), (Kha), (Ga), 46(Ka), (Kha), (Ga) having an area of 0.3090 hectres, during the pendency of this writ application;

(iv) To pass such other order(s), direction(s) as your Lordships may deem fit and proper in the facts and circumstances of the case."

2. Petitioner-Rakesh Kumar @ Rakesh Kumar Singh @ Raku stated to be the owner of Hotel Chandralok Continental, Muzaffarpur situated over Khata No. 140, Khesra No. 45(Ka), (Kha), (Ga), 46(Ka), (Kha), (Ga) having an area of 0.3090 hectares was given in lease in favour of Md. Rizwanul Haque. During the lease period lease holder, Md. Rizwanul Haque or his employees stated to be in possession of illegal liquor to the extent of 2.25 litres of foreign liquor and it was seized on 17.08.2016 and case was registered for the offences under the Excise Act. The petitioner who was an owner and lessor has been arrayed as coaccused.

3. Feeling aggrieved by the Excise Case No. 239 of 2016 registered for the offences under Sections 47(a), 53(c) and 54 & 57 of Bihar Excise Act, 2015 as amended by the Bihar Prohibition and Excise Act, 2016 and it was pending consideration on the file of Chief Judicial Magistrate, Muzaffarpur. Petitioner filed petition under Section 482 of Cr.P.C insofar as quashing the entire proceedings arising out of Excise Case No. 239 of 2016 in Criminal Writ Petition Case No. 939 of 2016 bearing Thana Number- Government Official Complaint, District – Muzaffarpur.

4. On 15.09.2023, this Court allowed the Criminal Writ Petition Case No. 939 of 2016.

5. In the meanwhile, official respondents initiated proceedings under Section 58 of the Bihar Prohibition and Excise Act, 2016 (for short 'Act, 2016') insofar as the order of the confiscation proceedings dated 07.02.2017/16.05.2017 in Confiscation Case No. 26 of 2016-17 is concerned. The subject matter of premises cited supra has been confiscated declaring that the aforesaid premises is a Government property. Thus, petitioner has assailed the order of confiscation proceedings.

6. Learned counsel for the petitioner submitted that petitioner has not exhausted the remedy of appeal against the confiscation proceedings on the score that subject matter of premises was leased out to Md. Rizwanul Haque during the intervening period from 01.06.2016 to 30.04.2017 and the alleged allegations relating to seizure of the premises for the offences under Excise Act was on 17.08.2016. Therefore, it would go to the root of the matter to the extent that petitioner involvement is not forthcoming in the aforementioned offences. Therefore, the impugned action of confiscation proceedings is liable to be set aside since there is no role played by the petitioner