← Library
Patna High CourtCWJC/15890/2019disposed

Fuchan Yadav v. The State Of Bihar

2019-12-16The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15890 of 2019 ====================================================== Fuchan Yadav Son of Late Bhuna Yadav R/o Village Lali Lebar, P.S. Sono (Charkapathar), Dist-Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Excise Dept., Patna 2.

District Magistrate Jamui 3.

Superintendent of Police Jamui 4.

In charge Deputy Collector Legal Cell, Jamui 5.

Officer In charge Sono Police Station (Charkapathar), Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Respondent/s :

Mr.Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-12-2019 Heard the parties.

The petitioner through the instant petition seeks following relief:- " For restraining the respondents from confiscating the residential house of petitioner standing at Mauza Lali Lewar, P.S. Sono (Charkapathar), Dist. Jamui, appertaining to Khata No. 70/137, Khesra No. 70/1745, area 01 decimal and which is bounded with surrounding tenants namely- North Anandi Yadav, South Dayal Yadav, East Road and west barren land, till the disposal of instant proceeding bearing Confiscation Case No.

Patna High Court CWJC No.15890 of 2019(2) dt.16-12-2019 2/2 111/2017, arising out of Sono (Charkapathar) P.S. Case No. 199/17 dated 30.8.17, registered for the offences U/S 272, 273 of the IPC & 30, 41,45,53 of the Bihar Prohibition and Excise Act, as the petitioner has no other house for dwelling except this house."

Learned counsel for the petitioner submits that in this case Confiscation Case No. 111/2017 arising out of Sono (Charkapathar) P.S. Case No. 199/17 already stands concluded. In that view of the matter, the writ petition is disposed of reserving liberty to the petitioner to seek appropriate remedy in accordance with law including in the nature of statutory appeal under the Act.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U