Babita Singh v. The State Of Bihar Through The Secretary, Agricultural Department, Government Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.410 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Babita Singh wife of Manoj Kumar Singh, Resident of Village Bharpura, P.S. Sonepur District- Saran.

.... .... Petitioner/s

Versus

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

2. The Director, Agricultural, Government of Bihar, Patna.

3. The District Magistrate, Chapra, Saran.

4. The District Agricultural Officer, Chapra, Saran.

5. The Assistant Director, Plant Conservator, Chapra, Saran.

6. The Joint Agricultural Director (Civil), Chapra, Saran.

7. The Officer Incharge, Sonepur, Police Station, Chapra, Saran.

8. The Block Agricultural Officer, Sonepur, Chapra, Saran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017 Heard learned counsel for the parties.

2. The husband of this petitioner is running a business in the name and style of 'Harihar Seeds'. Nearby Harihar Seeds, the petitioner is running Krishi Vikash Kendra. Seeds and fertilizers were seized from 'Harihar Seeds' and Sonepur P.S. Case No.59 of 2016 was registered under Section 7 of the Essential Commodities Act against the husband of the petitioner. Side by side the Krishi Vikash Kendra of the petitioner was also sealed on presumption that

Patna High Court Cr. WJC No.410 of 2017 dt.20-12-2017 P2/ the same was also of the husband of the petitioner.

3. This writ application has been preferred for a direction to the respondents for unsealing of the said premise.

4. The petitioner has produced Annexure-1, which is license to carry business of retail dealership of seeds in favour of the petitioner.

5. Considering the aforesaid facts, the respondent authorities are directed to unseal the business premise of the petitioner immediately on the petitioner's filing an undertaking that she would not dispose of the same or put under encumbrance without permission of the authority concerned.

6. With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date21.12.2017 Transmission Date 21.12.2017