Neelu Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11440 of 2017 ====================================================== Neelu Devi, aged about 46 years, W/o Ganesh Shah, Resident of MohallaNagar Parishad Road, P.S.- Khagaria (Town), District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Excise Department at Patna.
2. The Divisional Commissioner, Munger at Munger.
3. The Collector, Khagaria at Khagaria.
4. The Superintendent of Police, Khagaria at Khagaria. .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-06-2018 This writ petition was filed seeking unsealing and handing over the possession of the house in question as is detailed in the body of the writ petition and which was seized in Excise Case No. 276 C3 of 2016 for offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2016.
While issuing notice, an interim order was passed on 18-08-2017 directing release of the house on the condition that the petitioner shall not alienate or sell the house or deal with it in any manner adverse to the interest of the State.
Now the Collector, Khagaria and the Superintendent of
Patna High Court CWJC No.11440 of 2017 (4) dt.22-06-2018 Police, Khagaria have filed a detailed counter affidavit through the Superintendent, Central Excise, Khagaria and from para 3 onwards of the same, it is seen that the house in question has been unsealed and possession handed over to the petitioner. That being so, now no further action is required to be taken in the matter. The application is, therefore, disposed of. However, release of the house shall be subject to final decision of the excise case.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) A.K.V./- U T