Patna High Court
Pachiya Devi vs The State Of Bihar on 27 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14714 of 2021
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Pachiya Devi W/o Late Dilip Kumar @ Dilip Rai @ Dilip Ram, R/o Mohalla
- Devi Sthan 57 C Road No. 245 Chakaaram P.S. Budha Colony, District -
Patna (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Excise Department,
Government of Bihar, Old Secretariat, Patna.
2. The District Magistrate, Patna.
3. The Superintendent of Police, Patna.
4. The Block Development Officer Patna Sadar, Patna.
5. The S.H.O cum Officer in charge Police Station- Budha Colony, Patna.
... ... Respondent/s
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(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice /Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their residences
/offices.)
Appearance :
For the Petitioner/s : Mr.Ramchandra Singh, Adv
For the Respondent/s : Mr.Vivek Prasad (GP7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 27-08-2021
Heard parties.
Petitioner has prayed for the following reliefs:-
"(i) This Hon'ble Court may be pleased to set aside
the notice dated 15.06.21(Annexure P/3) issued by the S.H.O.
cum officer in charge of police station Budha Coloy, Patna,
whereby the residential house of widow petitioner situated at
Devi Asthan 57C, Road NO. 245, Chakaaram, P.S.-Budha
Colony, Dist-Patna, under than no. 4 Tauzi no. 8050 Khata
no. 165 survey plot no. 1003 ward no. 24, Circle No. 245
Holding no. 57(c) which has been sealed/closed under section
56(c) and 62 of the Bihar Prohibition Excise Amendment Act,
2016 in connection with Budha Colony P.S Case No. 177/21
Patna High Court CWJC No.14714 of 2021 dt.27-08-2021
dated 08.06.2021 which was lodged for the offenceU/s 30(a)
of Bihar Prohibition and Excise (Amendment) Act, 2016, and
whole family is lying on road.
(ii) This Hon'ble Court may further be pleased to
directed the Respondents to immediately release the
residential house of widow petitioner situated at Devi Asthan
57C, Road No. 245, Chakaaram, PS. Budha Colony, Dist-
Patna."
It is submitted on behalf of petitioner that she is the
owner of the sealed house, from one room of which 25 litre of
country made liquor was recovered. The house of the petitioner
has been sealed only on the basis that her son is accused in the
aforementioned case but he is separated from petitioner for a
long time.
In view of the above, the writ petition is disposed of
with a direction to the Confiscating Authority/District
Collector, Patna, to immediately initiate the confiscation
proceeding, if not already initiated, preferably within 15 days
from the date of production/receipt of a copy of the order passed
by this Court and conclude the confiscation proceeding within
90 days, failing which, the sealed house of the petitioner shall
be unsealed till conclusion of confiscating proceeding and
possession to be handed over to the petitioner, on the petitioner
depositing the original title deed of property, in question, as
security with one surety to the extent of value of property as per
the circle rate with the concerned District Collector, or
Patna High Court CWJC No.14714 of 2021 dt.27-08-2021
Confiscating Authority.
Petitioner shall also file an undertaking that during
pendency of confiscating proceeding, no third party right or
interest will be created on the property liable for confiscation.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
