Patna High CourtMJC/3369/2018dismissed

Pravesh Kumar v. The State Of Bihar

2018-11-30The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3369 of 2018 In Civil Writ Jurisdiction Case No.12724 of 2018 ====================================================== Pravesh Kumar S/O Suresh Prasad @ Suresh Sah, residents of villageNajirpur, P.S- Ahiyapur, Dist.- Muzaffarpur, The Proprietor, Priya Hotal, Situated at Zero Mile, P.S- Ahiyapur, Dist-Muzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Muzaffarpur

2. The District Magistrate, Muzaffarpur

3. The Superintendent of Police, Muzaffarpur, Dist- Muzaffarpur

4. The Officer-in-Charge, Ahiyapur Police Station, Dist.-

5. Shri Sunil Kumar Singh, S/o- Not known, the A.S.I. Ahiyapur Police Station, Distt.- Muzaffarpur, the investigating officer, Ahiyapur Police Station, Distt. Muzaffarpur.

6. The Superintendent of Police, Excise Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Thakur, Advocat For the Respondent/s :

Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-11-2018 This Modification Application has been filed praying for modifying the order whereby the petitioner was called upon to furnish the original title-deed of the premises and sureties in order to seek the order of unsealing of the hotel. The prayer is that since the petitioner is a tenant of the premises therefore he may be permitted to furnish the rent deed instead of the title deed.

Learned counsel for the respondents points out that as

Patna High Court MJC No.3369 of 2018(4) dt.30-11-2018 2/2 a matter of fact the petitioner himself had applied and given an undertaking to that effect for supplying the title-deed. This being a proceeding under the Excise Act for the sealing of the "premises" in question, the substitution of the title-deed by a rental-deed is unacceptable in law. Consequently, the Modification Application is rejected.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./-R.S.Sen U