Shambhu Sharan vs The State Of Bihar
2021 Latest Caselaw 3016 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.9508 of 2021
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Shambhu Sharan S/o Late Sita Ram Resident of Mohalla-Kalali Road, P.S.- Nagar Nawada, District-Nawada.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Divisional Commissioner, Excise Department, Patna Division, Patna.

3. The District Collector, Nawada.

4. The Superintendent of Police, Nawada.

... ... Respondent/s ====================================================== (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.Sheo Kumar Prasad, Adv For the Respondent/s : Mr. Kumar Manish SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR )

Date : 05-07-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"For unseal the house of the petitioner bearing Khata No. 258 Plot No. 386 (Ka) (kha) which was seal by the respondent authorities in connection with Nagar PS Case No. 208/2020 for the offence registered under section 30(a) of the Excise Act."

It has been submitted by learned counsel for the

petitioner that no confiscation proceeding has been initiated as

yet.

Patna High Court CWJC No.9508 of 2021 dt.05-07-2021

The writ petition is disposed of with a direction to the

Confiscating Authority/District Collector, Nawada, to

immediately initiate the confiscation proceeding 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, from the date of filing of show cause

failing which, the premises 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 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/-

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