Patna High CourtCR. WJC/901/2017disposed

Smt. Kamla Devi v. The State Of Bihar Through The Chief Secretary, Bihar, Patna And ORS

2017-07-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.901 of 2017 ======================================================

1. Smt. Kamla Devi, wife of Late Bhagwat Prasad, Resident of Second Floor, Suraj Bhawan, Natraj Gali, Ashok Rajpath, P.S.- Pirbahore, DistrictPatna .... Petitioner

Versus

1. The State of Bihar Through The Chief Secretary, Bihar, Patna.

2. Principal Secretary, Prohibition & Excise Department, Bihar, Patna.

3. Director General of Police, Bihar, Patna.

4. Senior Superintendent of Police, Patna.

5. Officer-in-Charge, Pirbahore Police Station, Patna .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Abhinav Srivastava, Adv. For the Respondents : Mr. Vivek Prasad, GP VII ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-07-2017 The present writ application has been preferred under Articles 226 and 227 of the Constitution of India praying therein for issuance of mandamus against the respondents to unseal the residential flat of the petitioner and restore possession of the same in favour of the petitioner situated in second floor of Suraj Bhawan, Natraj Gali, Ashok Rajpath, in the district of Patna. The said flat was sealed in connection with Pirbahore P.S. Case No. 250 of 2017 for alleged violation of the provisions of the Bihar Prohibition and Excise Act, 2016.

The affidavit sworn by the Senior Superintendent of Police, Patna, reveals that the said premise has already been unsealed.

A separate affidavit filed by the Principal Secretary, In-Charge, the Prohibition and Excise Department, Bihar, Patna, would reveal that the processes of issuance of guidelines, in the matter, of sealing of the premise in exercise of power under Section 62 of the Bihar Prohibition and Excise Act, 2016, is under-way with the Government.

Patna High Court Cr. WJC No.901 of 2017 (5) dt.31-07-2017 2/2 Since, main grievance of the petitioner has been redressed, this writ application requires no further persuasion. Hence, after hearing the parties, it stands disposed off.

(Birendra Kumar, J) SA/- U √ T √