Chintu Kumar Singh Alias Chintu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3267 of 2018 ====================================================== Chintu Kumar Singh Alias Chintu Kumar, Son of Sri Sudhir Singh, Resident of Village Rampur Pachasi, Police Station Pupri, District Sitamarhi. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Govt. of Bihar, Patna. 2.

The Excise Commissioner, Bihar, Patna.

3.

The Collector-cum-District Magistrate, Sitamarhi. 4.

The Superintendent of Police, Sitamarhi.

5.

The Station House Officer, P.S.- Pupri, District- Sitamarhi. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar Singh, Adv.

For the Respondents :

Mr. Anil Kr. Sinha- GA-1 ====================================================== 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 03.11.2017 passed by the District Magistrate, Sitamarhi in Confiscation Case No. 164 of 2016 whereby the land in question bearing Khata No. 193, Khesra No. 3124, Thana No. 176, Mauza Rampur Harpur, Anchal Pupri and measuring 14 decimal has been confiscated/sealed and further direction to the respondents to unseal and hand over the possession of the land to the petitioner sealed in connection with Pupri P. S. Case No.

Patna High Court CWJC No. 3267 of 2018(3) dt.21-01-2020 2/3 190 of 2019 registered for the offences punishable under Section 47 of the Bihar Prohibition and Excise (Amendment) 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 of Bihar & Ors. which can be conveniently downloaded from the internet.

No order as to costs.

Patna High Court CWJC No. 3267 of 2018(3) dt.21-01-2020 3/3 Petition stands disposed off in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U