Satya Narayan Choubey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13392 of 2017 ====================================================== Satya Narayan Choubey, son of Late Kashve Choubey, R/o Village-Dumari, Purab Tola, P.S. Semari, Distt.-Buxar ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Registration, Prohibition and Excise Government of Bihar, Patna 2.
The Excise Superintendent, Buxar 3.
The District Magistrate, Buxar 4.
The Sub-Inspector, Excise, Patrolling Party, Buxar 5.
The Thana-in-charge, Semari, Buxar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kr. Pandey For the Respondent/s :
Mr. VIKASH KUMAR-SC11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-09-2017 Seeking release of a house situated at village- Dumari, Purab Tola, P.S. Semari, Distt.-Buxar, which has been seized in connection with Excise Case No. 230(0)/2017 under Sections 30(A) of the Bihar Prohibition & Excise Act, 2016, this writ petition has been filed.
Keeping in view the series of orders passed in similar circumstances granting liberty to the respondents to proceed, if so advised with regard to confiscation proceedings, pending finalization of the confiscation proceedings, we direct the District Magistrate, Buxar to unseal the house in question and
Patna High Court CWJC No.13392 of 2017(2) dt.15-09-2017 2/2 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 in confiscation proceeding.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) spandey/- ( Anil Kumar Upadhyay, J) U