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2008 DIGILAW 972 (PAT)

Harijee Dubey v. State Of Bihar

2008-07-17

KISHORE K.MANDAL, R.M.LODHA

body2008
Judgment 1. This writ petition is in the nature of public interest litigation. The grievance relates to illegal manufacturing and selling of Mahua Hquor at village-Sarangpur in the district of Bhojpur. It is stated that despite representations made to the district administration, no effective steps have been taken to check the illicit activity of manufacturing and selling of Mahua liquor in that village. That the activity of illegal manufacturing and selling of Mahua Hquor at village-Sarangpur has attained huge proportion is sought to be shown by various first information reports lodged from time to time. 2. On 16th of May, 2008, the notice was ordered to be issued to the respondents to show cause why writ petition be not admitted and, if possible, disposed of at motion hearing stage. 3. On behalf of the Superintendent of Police, Bhojpur (respondent no. 3), a counter affidavit has been filed. It is stated therein that local administation as well as police are vigilant about the illicit activity highlighted by the petitioner and has taken action against the persons allegedly involved in the illegal manufacturing and selling of Mahua liquor. It is also stated that from time to time, the raids are organized and whosoever is found involved in the illegal activity is booked under the provisions of the Excise Act and other relevant laws. 4. Although counter affidavit has been filed by the respondent no. 3, none of the Government advocates or Government counsel has chosen to appear in the matter. 5. There does not seem to be denial to the grievance raised by the petitioner about the illegal activities of manufacture and sale of Mahua liquor being carried out at village-Sarangpur. The authorities seem to have taken some action as and when the first information reports came to be lodged. The question is: whether for such illegal activities in the manufacturing and selling of Mahua liquor at Sarangpur, the authorities must act only when some first information report is lodged. Such huge proportion of illegal manufacturing and selling of liquor at Sarangpur cannot continue but for connivance of the people who matter. Obviously, therefore, complaints would not be forthcoming for all such illicit activities. It also cannot be denied and the court can take cognizance of a fact that because of spurious sale and consumption of liquor, many lives are lost. Obviously, therefore, complaints would not be forthcoming for all such illicit activities. It also cannot be denied and the court can take cognizance of a fact that because of spurious sale and consumption of liquor, many lives are lost. Such nefarious activity is not only harmful to an individual, but is a curse to the whole society. The administration and the police authorities, therefore, have to be very vigilant and must ensure that such illegal activity of manufacturing and selling of Mahua liquor at Sarangpur in the district of Bhojpur is nipped in the bud and thereby saving the residents of that area from constant nuisance and potential harm. 6. We, accordingly dispose of the writ petition by the following order: (i) The District Magistrate, Bhojpur, Ara shall visit the village-Sarangpur the first fortnight of every month and the Superintendent of Police, Bhojpur shall visit the village Sarangpur the second forthnight of every month to check whether any illegal activity of manufacturing and selling of Mahua liquor is being carried out at village-Sarangpur and take stern action against the offenders, if any. (ii) The Officer-in-charge of Ara Muffasil Police Station, Ara shall visit the Sarangpur village every alternate day in the evening, check whether any illegal activity of manufacturing and selling of Mahua liquor is being carried out at that village, prepare his report and forward the same to the Superintendent of Police, Bhojpur, Ara and the District Magistrate, Bhojpur, Ara immediately and suitably taken action against the offenders, if any. (iii) The District Magistrate, Bhojpur, Ara shall send a quarterly report to the Registrar General of this Court for one year. 7. Writ petition stands disposed of.