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Patna High CourtCWJC/5592/2018allowed

Sanjay Kumar @ Sanjay Sah v. The State Of Bihar And ORS

2018-07-06Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5592 of 2018 ====================================================== Sanjay Kumar @ Sanjay Sah, Son of Arjun Sah R/o Mohalla- Amrud Bagan, Kalyani Road, Chandwara P.S.- Mithanpura, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Excise Department, Government of Bihar, Patna.

2. The District Magistrate, Muzaffarpur.

3. The Superintendent of Excise, Department , Muzaffarpur.

4. The Sub Inspector, Excise, town, circle, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Respondent/s :

Mr. Vikash Kumar -S.C-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-07-2018 Pending finalization of the confiscation proceedings (Confiscation Case No. 45/16-17, arising out of Excise Case No. 390/16) the petitioner should appear and participate by raising all objections. It is reported that the confiscation case is now fixed on 9th of July, 2018. The petitioner to appear before the Confiscating Authority along with certified copy of this order and on the same being done, pending finalization of the aforesaid confiscation proceedings, the premises in question situated at MO- Amrud Bagan, Kalyani Road, Chandwara, P.S. Mithanpura, District- Muzaffarpur shall be unsealed and possession handed over to the petitioner, on his furnishing

Patna High Court CWJC No.5592 of 2018(4) dt.06-07-2018 2/2 original title deed of the property in question and two local sureties to the satisfaction of District Magistrate, Muzaffarpur and further undertaking not to alienate or deal with the premises in question or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceedings. The aforesaid premises in question shall be unsealed and possession handed over to the petitioner within one week from the date of furnishing the original title deed and sureties. With the aforesaid, the writ petition stands allowed and disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- U