Mohan Bihari Patel v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15297 of 2017 ====================================================== Mohan Bihari Patel S/o late Bipat Bihar Patel R/o- Mohalla- Ayodhya Prasad Lane Pandey Gali, Motijheel, P.S. Town, Distt. Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State Of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.
The Chief Secretary, Govt. of Bihar, Patna.
3.
The Director General of Police, Tirhut Range, Muzaffarpur. 4.
The Inspector General of Police, Tirhut Range, Muzaffarpur. 5.
The Collector Cum District Magistrate, Muzaffarpur. 6.
The Superintendent of Police, Muzaffarpur.
7.
The Excise Superintendent, Muzaffarpur.
8.
The Sub Inspector, Excise, Nagar Anchal, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Adv.
For the Respondent/s :
Mr. Vikash Kumar-SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-01-2020 Heard learned counsel for the petitioner and the respondents.
The petitioner prays for setting aside the order dated 24.07.2017 passed by the District Magistrate, Muzaffarpur in Confiscation Case No. 24 of 2017-18 whereby the half premises which is half constructed, situated at village Mohammadpur Kazi, Thana No. 344, Jamawada No. 7089, Total Rakwa - 0-1-3 (Dhur) has been confiscated/sealed and
Patna High Court CWJC No.15297 of 2017(4) dt.21-01-2020 2/3 further direction to the respondents to unseal and hand over the possession of the half constructed premises to the petitioner sealed in connection with Confiscation Case No. 24 of 2017-18 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner invites our attention to the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. and prays for disposal in terms thereof. As such, as prayed for, on mutually agreed terms, we dispose of the present petition in terms of the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. making the terms contained therein, applicable mutatis mutandis, insofar as applicable, also to the instant petition. The terms of the said order shall be deemed to have been incorporated and read as a part and parcel of the present order. It shall be obligatory on the part of the instant parties to place on record of the authorities under the provision of the Bihar Prohibition and Excise Act, 2016, a copy of not only the order passed in the instant petition, but also that of CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State
Patna High Court CWJC No.15297 of 2017(4) dt.21-01-2020 3/3 of Bihar & Ors. which can be conveniently downloaded from the internet.
No order as to costs.
Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U