Patna High Court
Anuradha Devi vs The State Of Bihar on 13 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14788 of 2021
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Anuradha Devi Wife of Late Satyendra Chaudhary and daughter of Chhote
Chaudhary, R/o Village-Barara, P.S.-Noor Sarai, District-Nalanda, Bihar-
803118.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Registration, Excise and Prohibition Department,
Govt. of Bihar, Patna.
3. The District Magistrate-cum-Collector, Nalanda at Biharsharief.
4. The Superintendent of Excise Prohibition, Nalanda at Biharsharief.
5. The Assistant Excise Commissioner, Nalanda at Biharsharief.
6. The Superintendent of Police, District-Nalanda at Biharsharief.
7. The Officer Incharge/S.H.O. Noorsarai Police Station, District-Nalanda at
Biharsharief.
... ... 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.Ashutosh Singh, Adv
For the Respondent/s : Mr.Vikash Kumar (Sc11)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 13-09-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief:-
"(i) For issuance of an appropriate direction/s
order/s, writ/s to the respondent authorities to open the seal
Patna High Court CWJC No.14788 of 2021 dt.13-09-2021
of the house of the petitioner situated over Khata No. 541,
Khesra No. 3100, Khatiyani, Mauza-Badara Thana No. 73,
Area 0.01/2 decimal upo which the house construct out of
the total area 0.06 Acre, which has been acquisitioned
U/sec 58(2) of the Bihar Excise Prohibition Act by the
concerned authority in connection with Noorsarai PS Case
No. 60/2021 dated 15.02.2021, offence alleged U/Sec.
30(a) of the Bihar Excise Prohibition Act, 2018 and u/sec
272/273 of the IPC.
(ii) For to set aside the Confiscation order of
house (Joint Property) of the petitioner, dated 04.06.2021
(Annexure-2) passed by the learned Court of Additional
Collector cum Additional District Magistrate Nalanda in
Confiscation (Excise) Case No. 134/2021 (State Vs. Kailu
Chaudhary) (arising out of Noorsarai PS Case No.
60/2021, dated 15.02.2021 without issuing notice to the
petitioner (writ petitioner).
(iii) For issuance of direction to restrain the
authorities concerned for holding an auction Sale of the
house of the petitioner in view of the order dated dated
04.06.2021(Anexure-2) passed by the learned Court of
Additional Collector cum Additional District Magistrate,
Nalanda in Confiscation (Excise) Case No. 134/2021 (state
Vs. Kailu Chaudhary) (arising out of Noorsarai PS Case
No. 60/2021, dated 15.02.2021.
(iv)For direction to the respondent authorities to
open the seal of the house or remaining part portion of the
house, where the alleged six liters of country made liquor
has not been recovered."
It is submitted on behalf of petitioner that she is widow
and one of the co-owner of the sealed premises which is a joint
family property and nothing was recovered from her possession
or from the floor of the house in which she resides and same has
been sealed although no offence under the Excise Act is made
out. It is further submitted that 6 litre of country made illicit
Patna High Court CWJC No.14788 of 2021 dt.13-09-2021
liquor has been recovered from the ground floor in which her
Brother-in-Law (Kailu Chaudhary) resides and confiscation
proceeding was initiated against him and final order of
confiscation has been passed by the confiscating authority in
Confiscation (Excise) Case No. 134 of 2021 on 06.04.2021.
However, part of the house in which she (petitioner) is residing
with her children has also been ordered to be sealed and
confiscated.
In the facts and circumstances of the present case,
petitioner is directed to file a modification petition before the
Confiscating Authority/District Collector, Nalanda, for
removing the part of property in the confiscation order where
she resides with her children and confine the confiscated
property to the extent of 1st Floor from where illicit country
made liquor was recovered from the part of the house in which
accused Kailu Chaudhary resided.
During pendency of modification petition, the
Confiscating Authority/District Collector, Nalanda, is further
directed to unseal part of the premises of house (1st Floor) in
which petitioner resides with her children and hand over its
possession to the petitioner on furnishing adequate surety to the
satisfaction of Confiscating Authority, Nalanda.
Patna High Court CWJC No.14788 of 2021 dt.13-09-2021
This writ petition stands disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.09.2021
Transmission Date NA
