Patna High CourtCR. WJC/1295/2017disposed

Shakuntala Devi v. The State Of Bihar And ORS

2017-08-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1295 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- KHAGARIA ===========================================================

1. Shakuntala Devi Wife of Late Madan Mohan Prasad resident of Mill Road, Ward No. 8, P.S. - Khagaria Town, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Principal Secretary, Excise and Prohibition Department, Govt. of Bihar, Patna.

4. The District Magistrate, Khagaria.

5. The Superintendent of Police, Khagaria.

6. The Circle Officer, Khagaria.

7. The Station House Officer, Town Police Station, Khagaria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prashant Sinha, Advocate For the Respondent/s : Mr. Lalit Kishore, PAAG =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 29-08-2017 Heard learned counsel for the parties.

2. The house of the petitioner was sealed by the authorities for alleged violation of the provisions of excise laws allegedly committed by some other persons for which Khagaria P.S. Case No.48 of 2017 has been registered.

3. Prayer of the petitioner in this writ petition is to unseal the house of the petitioner on the ground that the jurisdiction of the authority to seal the residential premises is subjudice before a larger Bench of this Court considering the aforesaid pendency in

Patna High Court Cr. WJC No.1295 of 2017 dt.29-08-2017 P2/ Cr.W.J.C. No.605 of 2016, a Division Bench of this Court had ordered unsealing of the house on 06.10.2016 in favour of the owner.

4. Considering the aforesaid binding decision, let the respondent unseal the house of the petitioner and hand over the possession of the same to the petitioner immediately.

5. This writ application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2017 Transmission Date 30.08.2017