Sheela Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5490 of 2018 =========================================================== Sheela Devi, Wife of Lal Bahadur Chaudhary, Resident of Village - Shamsuddin Nagar, P.S.-Revel ganj, District-Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna.
2. The State of Bihar, through Commissioner, Excise Department, Government of Bihar, Patna.
3. Superintendent of Police, Saran
4. District Magistrate, Saran
5. Excise Superintendent, Saran.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Mukund For the Respondent/s : Mr. VIKASH KUMAR- SC11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-03-2018 This writ petition has been filed for release of the house of the petitioner situated at Village Samsudinpur, P.S. Rivilganj, in the district of Saran, which has been seized in connection with Revel Ganj P.S. Case No. 37 of 2017 due to violation of the Excise Act. The prayer made in the writ petition is to release / unseal the house in question pending disposal of the confiscation proceedings and criminal case, if any.
It is a common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings houses have been directed to be released / unsealed by this Court on various
Patna High Court CWJC No.5490 of 2018 dt.28-03-2018 2/2 conditions and we see no reason to make a deviation in the present case.
Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, if any, the house in question shall be released / unsealed and possession be given to the petitioner on the petitioner depositing the original title deeds of the property in question along with two local sureties to the satisfaction of District Magistrate-cum-Collector, Saran at Chapra, and on further undertaking that the petitioner shall not alienate or deal with the house in question or create a third party interest during the pendency of the confiscation proceedings and criminal case, if any, or prejudice the right of the State in confiscation proceeding. The aforesaid house shall be released / unsealed within one week from the date of depositing of the title deeds.
With the aforesaid, the writ petition stands allowed and disposed of.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.03.2018 Transmission Date N/A