Nagiya Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.9925 of 2018 dt.17-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9925 of 2018 =========================================================== Nagiya Devi, wife of Late Ram Dular Sahni, resident of village - Bhawdepur Got, Ward No. 18, P.S. - Riga, Distric - Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.

3. The collector-cum-District Magistrate, Sitamarhi.

4. The Superintendent of Excise, Sitamarhi.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Respondent/s : Mr. Anil Kumar Sinha -GA1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 17-05-2018 This writ petition has been filed for unsealing the dwelling house of the petitioner and handing over possession of the same to the petitioner in connection with Riga P.S. Case No. 291 of 2017 which has been registered due to violation of the Excise Act. The prayer made in the writ petition is to unseal the house in question and hand over possession of the same during the pendency of the confiscation proceedings and criminal case.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings/criminal case vehicles/properties have been directed to be released by this

Patna High Court CWJC No.9925 of 2018 dt.17-05-2018 Court on various conditions and we see no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid dwelling house of the petitioner shall be unsealed and possession handed over to the petitioner on his furnishing original title deed of the property in question and two local sureties to the satisfaction of District Magistrate, Sitamarhi and further undertaking not to alienate or deal with the house in question or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceedings. The aforesaid house in question shall be unsealed and possession handed over to the petitioner within one week from the date of furnishing the original title deed and sureties. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Rajeev/- AFR/NAFR CAV DATE Uploading Date 21.05.2018 Transmission Date