Alok Kumar Pandey, J. – In the instant writ petition, petitioner has prayed for the following relief (s): –

“(i) For quashing of the order dated 24.09.2024 passed by the learned Excise Commissioner (Respondent no. 2) in Excise Appeal Case No. 45 of 2024 on application of the petitioner without assigning any reason against the petitioner.

(ii) For issuance of a direction to the respondent authority with regard to open seal of the petitioner factory bearing Land Plot No. D-13, Industrial Estate, Muzaffapur, area of land 5400 square feet, the lease hold land for production of PVC pipe, granules and suthly on the basis of lease hold land for a period of 93 years which has been sealed by the Excise Department during the pendency of confiscation proceeding and a criminal case OR prejudice right of state for confiscation proceeding.

(iii) For grant of any other relief/reliefs to which the petitioner may be found entitled to in the interest of justice.”

2. Briefly stated, facts of the case is that 13731.840 liters India Made Foreign Liquor (I.M.F.L.) was recovered from different vehicles which were parked in the premises of Ashirvad Plasto Industries. On the basis of alleged recovery, police instituted a case bearing Bela P.S. Case No. 35 of 2023 for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a), 32(i), 41(i) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submitted that petitioner filed an application on 26.05.2010 for allotment of a land for the purpose of running the industries under the name and style of Ashirvad Plasto Industries for production of PVC granules, H.P. Pipe and Suthly. Accordingly, BIADA allotted 5400 Sq. ft. land (Plot No. D-13) to the petitioner on 28.06.2010 and a lease agreement was executed between petitioner and BIADA for a period of 90 years. It has been submitted that after allotment of the land vide allotment letter no. 965 dated 28.06.2010 (Annexure-P/2), petitioner got registered under the Industries Department and installed machinery for the purpose of running the industries and started production of plastic granules and HP Pipe. For the said purpose, on petitioner’s application, electricity connection was granted by the Electricity Department. It has been further submitted that several industrial plots are situated on the way to the factory of the petitioner. Petitioner is living out of station for his certain treatment and he had no knowledge about the vehicles parked in the factory premises. It has been further submitted that no illicit liquor has been recovered from the premises of the petitioner and the trucks which were standing on the way of petitioner’s factory have been seized by the police and his factory has been sealed without any authority of law. It has been submitted that petitioner is suffering heavy loss on account of sealing of his factory premises.

3(i). Learned counsel for the petitioner submits that earlier petitioner filed CWJC No. 7204 of 2023 which was disposed of by order dated 28.08.2023 (Annexure-P/7) directing the competent authority to take note of the petitioner’s grievance read with the Rule 12B of Bihar Prohibition and Excise (Amendment) Rules, 2022 and proceed to pass an order within a reasonable period of one week from the date of receipt of petitioner’s application. Petitioner filed a representation before the concerned authority on 16.09.2023 but no order was passed on his representation. Thereafter petitioner filed another writ petition before this Court vide CWJC No. 18349 of 2023, which was later on permitted to be withdrawn on 22.01.2024 (Annexure-P/8) reserving liberty to the petitioner to invoke appropriate remedy. In the meantime, petitioner had also filed MJC No. 3009 of 2023 for non-compliance of the order dated 28.08.2023 (Annexure-P/7) passed in CWJC NO. 7204 of 2023. During pendency of the said MJC, the District Magistrate passed order on the representation of the petitioner. Accord