Kapildeo Choudhary And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15157 of 2018 ====================================================== 1.
Kapildeo Choudhary and Ors Son of Late Premi Choudhary. 2.
Ganesh Choudhary, Son of Late Lalmuni Choudhary. 3.
Uday Choudhary, Son of Late Lalmuni Choudhary. 4.
Dilip Choudhary, Son of Dwarika Choudhary.
5.
Vijay Choudhary, Son of Dwarika Choudhary.
6.
Nepali Choudhary, Son of Yadunandan Choudhary, All residents of Village Murgiya Chak, P.S. and District- Jamui.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Excise Commissioner, Bihar, Patna.
3.
The District Collector- Cum-District- Magistrate Jamui. 4.
The State of Bihar through the Director General Of Police, Bihar. 5.
The Superintendent of Police, Jamui.
6.
The Station House Officer, Jamui Police Station, Jamui. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Respondent/s :
Mr. Vivek Prasad- G.P. 7 ====================================================== 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 petitioners and the respondents.
The petitioners prays for setting aside the order dated 15.06.2018 passed by the District Magistrate, Jamui, in Confiscation Case No. 6 of 2016 whereby residential house/land of the petitioners situated at Village Murgia Chak, Anchal
Patna High Court CWJC No.15157 of 2018(3) dt.21-01-2020 2/3 Jamui, P.S. Jamui, District Jamui has been confiscated and further direction to the respondents to release the property in question seized in connection with Confiscation Case No. 6 of 2016 for the offences punishable under Sections 47, 47(A), 47(F) 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.
Patna High Court CWJC No.15157 of 2018(3) 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) uma/- U