Kalawati Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9961 of 2018 In Criminal Writ Jurisdiction Case No.160 of 2018 ====================================================== Kalawati Devi W/o Late Kailash Pasi, Resident of Village- Kabilaspur, P.S.- Thawe, District- Gopalganj.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Excise Commissioner, Bihar, Patna.
3.
The Director General of Police, Bihar, Patna. 4.
The Inspector General of Police, Bihar, Patna. 5.
The District Magistrate/Collector, Gopalganj. 6.
The Superintendent of Police, Gopalganj.
7.
The Excise Superintendent, Gopalganj.
8.
The Circle Officer, Manjha Block, District- Gopalganj. 9.
The Officer-in-Charge of Thawe Police Station, District- Gopalganj. 10.
The Investigating Officer of Thawe P.S. Case NO. 113/ 16, Thawe Police Station, Gopalganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Javed Aslam For the Respondent/s :
Mr.Anil Kumar Sinha -Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-01-2020 Heard learned counsel for the petitioner and the respondents.
The petitioner prays for setting aside the order dated 26.09.2017 passed by the District Magistrate, Gopalganj, in Confiscation (Excise) Case No. 176 of 2017 whereby house of the petitioner has been confiscated and further direction to the
Patna High Court CWJC No.9961 of 2018(4) dt.21-01-2020 2/3 respondents to release the vehicle/House seized in connection with Thawe P.S. Case No. 113 of 2016 for the offences punishable under Sections 272,. 273 of the Indian Penal Code and Section 47 (a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner invites our attention to the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. and prays for disposal in terms thereof. As such, as prayed for, on mutually agreed terms, we dispose of the present petition in terms of the order dated 18th January, 2020 passed in CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State of Bihar & Ors. making the terms contained therein, applicable mutatis mutandis, insofar as applicable, also to the instant petition. The terms of the said order shall be deemed to have been incorporated and read as a part and parcel of the present order. It shall be obligatory on the part of the instant parties to place on record of the authorities under the provision of the Bihar Prohibition and Excise Act, 2016, a copy of not only the order passed in the instant petition, but also that of CWJC No. 3245 of 2017 titled as Manish Kumar Chaudhary Vs. The State
Patna High Court CWJC No.9961 of 2018(4) dt.21-01-2020 3/3 of Bihar & Ors. which can be conveniently downloaded from the internet.
No order as to costs.
Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U