Allowed

Ashok Choudhary v. The State Of Bihar and Ors.

Patna HC23 Feb 2018CWJC/3035/2018

Case brief

AI extract

What is this about?

The Petitioner challenged the sealing of his house by police authorities under the Bihar Prohibition and Excise (Amendment) Act, 2016. The High Court directed the District Magistrate to unseal the house and hand over possession within a week upon the Petitioner furnishing a bank guarantee, subject to conditions against alienation during proceedings.

What did the court decide?

Directed the District Magistrate to unseal the petitioner's house and hand over possession within one week upon furnishing a bank guarantee, subject to conditions against alienation.

Ashok Choudhary Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3035 of 2018

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Ashok Choudhary, Son of Late Virendra Choudhary, resident of VillageGarkha, P.S.- Garkha, District- Saran at Chapra.

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.... .... Petitioner/s

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Versus

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

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The District Magistrate-cum- Collector, Saran at Chapra.

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The Assistant Excise Commissioner, Saran at Chapra.

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The Superintendent of Excise, Saran at Chapra.

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The Superintendent of Police, Saran at Chapra.

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Respondent/s : Mr. Anil Kumar Sinha -GA1

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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2 23-02-2018 Having heard learned counsel for the parties, we find that the house of the petitioner has been sealed vide order dated 21.11.2017 by the police officials in connection with Garkha P.S. Case No.465 of 2017 for violation of the Bihar Prohibition and Excise (Amendment) Act, 2016.

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It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings properties have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the

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present case.

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Patna High Court CWJC No.3035 of 2018 (2) dt.23-02-2018

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2/2

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In view of the above, pending criminal case or confiscation proceedings, we direct the District Magistrate-cumCollector, Saran at Chapra , on the petitioner furnishing bank guarantee to the satisfaction of the District Magistrate-cumCollector, Saran at Chapra, to ensure that the house in question mentioned hereinabove, is unsealed and possession handed over to the petitioner within a week, if not already auctioned, in connection with the aforementioned case, subject to the condition that the petitioner shall not alienate or deal with the house in question during the pendency of the confiscation and/or criminal case in any manner so as to create a third party interest or prejudice the right of the State in confiscation proceeding and/or criminal case. The property of the petitioner should be unsealed within a period of one week from the date of furnishing the bank guarantee.

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With the aforesaid, this application is disposed of.

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(Rajendra Menon, CJ)

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(Anil Kumar Upadhyay, J)

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K.C.jha/-

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Ashok Choudhary v. The State Of Bihar and Ors.

Case brief

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Ashok Choudhary v. The State Of Bihar and Ors.

Case brief

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