Disposed

Most. Parwati Devi v. The State Of Bihar Through Secretary, Excise Department, Bihar, Patna and Ors.

Patna HC6 Oct 2017CR. WJC/1577/2017

Case brief

AI extract

What is this about?

Petitioner sought interim stay of sealing of her dwelling house under Bihar Prohibition and Excise Amendment Act, 2016, pending decision in sub judice LPA regarding executive authority to seal properties. Court ordered immediate unsealing and restoration of possession, subject to restriction on disposal without DM permission.

What did the court decide?

Respondents directed to immediately unseal petitioner's house and hand over possession, subject to result of pending LPA and condition against disposal without DM permission.

Most. Parwati Devi Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No. 1577 of 2017

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Arising Out of PS.Case No. -null Year- null Thana -null District- MUNGER

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===========================================================

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Most. Parwati Devi, wife of Late Mundrika Das Dhusiya, Resident of Mohalla - Chhoti Keshopur, Faridpur, Police Station - Jamalpur, District - Munger.

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.... .... Petitioner

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Versus

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The State of Bihar through Secretary, Excise Department, Bihar, Patna. 2. The Commissioner, Munger. 3. The Deputy Inspector General of Police, Munger Area, Munger. 4. The District Magistrate, Munger. 5. The Superintendent of Police, Munger. 6. The Deputy Superintendent of Police, Munger.

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The Circle Officer, Jamalpur, District - Munger. 8. The Officer in charge, Jamalpur Police Station, Munger.

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.... .... Respondents

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=========================================================== Appearance : For the Petitioner : Mr. Rajendra Prasad Sah, Advocate For the Respondents : Mr. Vikash Kumar, SC-11

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date: 06-10-2017

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Heard learned counsels for the parties.

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The dwelling house of the petitioner has been sealed for violation of the provisions of the Bihar Prohibition and Excise (Amendment) Act, 2016 and for the occurrence aforesaid Jamalpur P.S. Case No. 23 of 2017 was registered.

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Submission of the learned counsel for the petitioner is that the issue whether the Executive Authority have power to confiscate and seal the house seized in connection with the aforesaid case which power, is exercisable only by a Judicial Authority, is sub judice before a large Bench of this Court in L.P.A. No. 1647 of 2015 ( Baleshwar Roy vs. The State of Bihar & Ors. ). In the

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Patna High Court Cr. WJC No.1577 of 2017 dt.06-10-2017

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2 /3

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circumstances, till the decision of the L.P.A. aforesaid, further proceeding of Jamalpur P.S. Case No. 23 of 2017 may kindly be stayed and the house be unsealed by way of interim measure.

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Learned counsel for the petitioner placed reliance on a judgment of this Court in a case of Smt. Manorama Devi @ Manorma Devi vs. The State of Bihar & Ors. (Cr.W.J.C. No. 605 of 2016) relevant part whereof is reproduced hereinbelow:

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“Learned counsel for the petitioner confines to the prayer made in this writ petition to unsealing residential premises of the petitioner, from where allegedly a few bottles of liquor were recovered less than one month after the notification was issued on 05.04.2016.

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Considering the facts and circumstances and considering the various orders that have been passed in various cases, we direct that the premises of the petitioner be unsealed without prejudice to the State in respect of any other matter which would be disposed of in accordance with law.”

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Considering the facts and circumstances of the case, let

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the respondents, immediately, unseal the house of the petitioner and hand over its possession to the petitioner, subject to the result of L.P.A., with condition that the petitioner shall not dispose of the said house or put under encumbrances without permission of the District Magistrate, Munger.

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Patna High Court Cr. WJC No.1577 of 2017 dt.06-10-2017

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3 /3

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With the aforesaid observation, this writ application

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stands disposed of.

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(Birendra Kumar, J)

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Kundan/-

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AFR/NAFR	N.A.
CAV DATE	N.A.
UploadingDate	09.10.2017
Transmission Date	09.10.2017

Most. Parwati Devi v. The State Of Bihar Through Secretary, Excise Department, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

Most. Parwati Devi v. The State Of Bihar Through Secretary, Excise Department, Bihar, Patna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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