Patna High CourtCWJC/14778/2017disposed

Sushma Arora v. The State Of Bihar And ORS

2017-10-13The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14778 of 2017 =========================================================== Sushma Arora, W/o Late Suresh Arora, Resident of Flat No. 302, Subdarshan Mansion Apartment, Near Congress Maidan, P.s. Kadamkuan, Dist. Patna. .... .... Petitioner/s

Versus

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

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

3. The District Magistrate-Cum-Collector, Patna

4. The Superintending of Police, Patna.

5. The SHo, Kadamkuan Police Station, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nikhil Kumar Agrawal For the Respondent/s : Mr. VIVEK PRASAD-GP7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-10-2017 The Flat No.

302, Sudarshan Mansion Apartment, Near Congress Maidan, P.S.-Kadamkuan, District-Patna has been seized in connection with Kadamkuan P.S. Case No. 415 of 2017 registered under Sections 30, 37(a)(d) & 38 of the Bihar Prohibition and Excise Act, 2016.

Seeking release of the house in question, this writ petition has been filed and it is common ground that in various cases, similar petitions have been allowed and seized house has been directed to be unsealed.

Patna High Court CWJC No.14778 of 2017 dt.13-10-2017 2/2 Keeping in view the aforesaid, this petition is also allowed and the house in question i.e. Flat No. 302, Sudarshan Mansion Apartment, Near Congress Maidan, P.S.-Kadamkuan, District-Patna is directed to be unsealed and possession be handed over to the petitioner forthwith subject to the condition that the petitioner shall not alienate or create any third party interest or deal with the house in question in any manner so as to prejudice the right of the State Government. That apart, petitioner shall furnish adequate surety to the satisfaction of the District Magistrate, Patna. With the aforesaid, the petition stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18/10/2017 Transmission Date NA