Patna High Court
Runa Devi vs The State Of Bihar on 21 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4788 of 2021
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Runa Devi, Wife of Ramesh Bhagat resident of Village - Siari Kaligarh,
Police Station- Barhariya, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Superintendent of Police, Siwan.
4. The Excise Superintendent Siwan.
5. The District Magistrate-cum-Collector, Siwan.
6. The Excise Inspector, Dist. - Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y. C. Verma, Sr. Advocate
Ms.Kumari Anupam
For the Respondent/s : Mr. Kumar Manish, SC 5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 21-05-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
A) A writ in the nature of certiorai writs,
order/s, direction/s for quashing the following:
(I) The press communicate issued by Barhariya
police without indicating date and signature of maker
thereof showing sealing of residential house standing on
Patna High Court CWJC No.4788 of 2021 dt.21-05-2021
khata no.34, Tauzi no.1467, Thana no.286, survey no.1076
area 1 khattha 17 dhur at mohallasiari Karn, P.S. Barhariya
Dist, Siwan, Sub- registry, Barhariya Acnhal Barhariya.
(B) A writ in the nature of mandamus and/or
any other appropriate writ/s orders direction/s commanding
the respondents for the following:-
(i) To hold the sealing of the residential house
of the husband of the petitioner to be without jurisdiction
illegal and arbitrary and malafide.
(ii) To remove the seal and lock put by the
respondent no.6 on the outer gate of residential referred to
above.
(iii) To allow the petitioner to occupy and
reside in the house mentioned above.
(iv) To hold inquiry and prosecute the
respondent no.6 for his unauthorized actions.
(C) To any other relief/s to which the petitioner
is found entitled to."
It is submitted on behalf of the State that
confiscation proceeding has been initiated being confiscation
Case no.167 of 2020-21 and date of hearing has been fixed on
27.05.2021.
The writ petition is disposed of with a direction to
the Confiscating Authority/District Collector, Siwan to
conclude the confiscation proceeding within 90 days from the
Patna High Court CWJC No.4788 of 2021 dt.21-05-2021
date of receipt/production of a copy of order passed by this
Court, 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)
Sanjay/-
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