Shiv Chandar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1705 of 2019 ====================================================== Shiv Chandar Singh, Son of Late Nageshwar Singh, Resident of VillageBhadurpur, P.S.- Garoul, District- Vaishali. ... ... Petitioner

Versus

1.

The State of Bihar through the District Magistrate, Dist- Patna. 2.

The District Magistrate, District- Vaishali.

3.

The Superintendent of Police, District- Vaishali. 4.

The Police Inspector cum Investigation Officer, Economic Offence Unit, Bihar, Patna.

5.

The Superintendent of Excise, Vaishali.

6.

The Deputy Superintendent of Excise, Vaishali. 7.

The Executive Magistrate, Sub-Division, District- Vaishali. 8.

The Station House Officer, Garoul, Police Station, Dist- Vaishali at Hajipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

Ms. Kanchan Kumari, Adv.

For the Respondent/s :

Mr.Vikash Kumar, SC-11.

For E.O.U : Mr. V.N.P. Sinha, Adv. Mrs. Soni Srivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 17-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for a mandamus directing the State respondents to release/ unseal the land and house of the petitioner situated over Khata No. 138, Khesara No. 2316, 3817, 2343, 2290, 2302, 3857 sealed in connection with Goraul P.S.

2/4 Case No. 117/2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Apart from a prayer of unsealing the house the petitioner has also prayed for quashing of the ex-parte order dated 17.07.2018 passed by the Collector-cum-District Magistrate, Vaishali in Confiscation Case No. 63/2018-19 by which a direction to confiscate the house has been passed by the District Magistrate being the Confiscating Authority.

Learned Counsel for the petitioner submit that for the present he would not be pressing the relief for quashing of the order dated 17.07.2018 passed by the Collector-cum-District Magistrate, Vaishali in Confiscation Case No. 63/2018-19, he, however, submits that liberty may be granted to the petitioner to challenge the confiscation order in an appropriate jurisdiction by filing an appeal before the Commissioner within a period of 30 days from today.

In the circumstances noted where final orders have been passed in the confiscation proceedings, we grant liberty to the petitioner to challenge the order of confiscation before the appellate authority within a period of 30 days from today. In case such an appeal is preferred within the aforesaid period together with an application for condonation of delay, the appellate

3/4 authority shall consider the same keeping in mind that the petitioner was prosecuting his remedy before this Court and the appeal shall be heard on its own merits and disposed of expeditiously.

Considering the facts and circumstances of the case where it is said to be a residential house under the seizure for one years and the petitioner is ready to furnish adequate security to safeguard the interest of the State, following the consistent views of the Division Bench of this Court, we direct that pending finalization of confiscation proceeding the house of the petitioner be provisionally de-sealed and possession be handed over to the petitioner on the petitioner's depositing the original title deed of the property in question as security with one surety to the extent of value of the property as per the circle rate with the District Magistrate, Vaishali. On submission of the original title deed of the property in question with the surety, the land and house shall be de-sealed and possession be handed over within one week thereof. The title deed deposited by the petitioner shall be kept in safe custody of the Confiscating Authority.

The owner of the property shall undertake that during the pendency of the confiscation proceeding, they will not deal

4/4 with the property in question and shall not create any third party interest whatsoever.

If the petitioner fails to present an appeal within 30 days as given above, the order of provisional release shall stand withdrawn and the Confiscating Authority shall be at liberty to proceed in accordance with law.

The writ petition is allowed with the directions/observations above.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.06.2019 Transmission Date NA