Citation : 2021 Latest Caselaw 3027 Patna
Judgement Date : 5 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9679 of 2021
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Tara Devi wife of Sanichar Saw @ Sri Rameshwar Prasad resident of
Mohalla- Mahila Vidya Mandir, Naya Tola, Purani Bazar, Ward No. 12, Police
Station and District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration Excise and
Prohibition Department, Government of Bihar, Patna.
2. The Principal Secretary, Registration Excise and Prohibition Department,
Government of Bihar, Patna.
3. The District Magistrate, Lakhisarai.
4. The Superintendent of Excise, Lakhisarai.
5. The Superintendent of Police, Lakhisarai.
6. The Station House Officer, Lakhisarai, District- Lakhisarai.
... ... 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.Md. Irshad, 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 THE CHIEF JUSTICE) Patna High Court CWJC No.9679 of 2021 dt.05-07-2021
Date : 05-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):
It is submitted on behalf of petitioner that although
confiscation proceeding has been initiated but same has not yet
been concluded, as a result of which his house remains sealed.
The writ petition is disposed of with a direction to the
Confiscating Authority/District Collector, Lakhisarai to Patna High Court CWJC No.9679 of 2021 dt.05-07-2021
conclude the confiscation proceeding within 90 days, failing
which, the sealed 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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