Rose Valley Hotels And Entertainments Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21327 of 2013 =========================================================== Rose Valley Hotels & Entertainments Ltd., A Company, Registered Under The Companies Act, 1956, Through Its Managing Director Shibamoy Dutta S/O Late Satiranjan Dutta Having Its Registered Head Office At R.B./29, Raghunathpur, Vip Road, Kolkata- 700059, Branch Office At Bus Stand Road Opposite Natraj Hotel, Forbesganj, District- Araria, Pin Code- 854318 .... .... Petitioner/s

Versus

1. The State Of Bihar Through District Magistrate, Araria, District- Araria.

2. The Sub Divisional Officer, Forbesganj, District Araria

3. The Circle Officer, Sadar, Forbesganj, District Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate Mr. Abhipuran Singh, Advocate Mr. Binod Kumar Singh, Advocate Mr. Satyendra Prasad Singh, Advocate For the State : Mrs. Shilpa Singh, GA 12. Mr. Sunil Kumar, AC to GA 12.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 12-01-2017 Heard learned counsel for the parties.

At the very outset, learned counsel for the petitioner submitted that he is restricting his prayer to the respondents making available copies of relevant documents relating to the details of the investors of the company which is lying in the premises which has been sealed by the Sub-Divisional Officer, Forbesganj.

In any view of the matter, the admitted position is that the

Patna High Court CWJC No.21327 of 2013 dt.12-01-2017 2/3 premises of the petitioner has been sealed and the presumption is that there are documents and articles belonging to the petitioner in the said premises. Thus, the petitioner is entitled to have copies of documents which have been sealed, and which may be required by it for any purpose.

Accordingly, the writ petition stands disposed off with a direction to the respondent no. 2 to unseal the premises, before a duly authorized representative of the petitioner and a senior officer authorized by the respondent no. 2. The said representation of the petitioner shall identify the documents, of which copies may be required. On such documents being identified, the respondent no. 2 shall arrange for copies to be made, of those documents/records. The same shall then be handed over to the authorized representative of the petitioner.

The authorized representative of the petitioner shall appear before the respondent no. 2 within four weeks from today along with a copy of this order. Respondent no. 2 shall then fix a date for the aforesaid exercise, which shall also be videographed. The expenses incurred on the exercise, including the cost of the copies to be made, shall be borne by the petitioner and shall be paid prior to the copies being handed over to him. The respondent no. 2 shall ensure that the

Patna High Court CWJC No.21327 of 2013 dt.12-01-2017 3/3 said exercise is completed within six weeks from the petitioner's representative appearing before him along with a copy of this order. (Ahsanuddin Amanullah, J) Prakash/- AFR/NAFR U