Allowed

Surendra Chaudhary v. The State Of Bihar and Ors.

Patna HC17 May 2018CWJC/8703/2018

Case brief

AI extract

What is this about?

The court allowed a writ petition seeking unsealing of a dwelling house and handing over possession to the petitioner. The order mandated unsealing upon furnishing title deeds, providing sureties, and giving an undertaking, pending finalization of confiscation and criminal cases.

What did the court decide?

Dwelling house unsealed and possession handed over to petitioner upon furnishing title deed, sureties, and undertaking within one week.

Surendra Chaudhary Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8703 of 2018

¶2

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

¶3

Surendra Chaudhary Son of Vishwanath Chaudhary resident of Village - Mubarakpur (Bagahi), Molnapur Gola, P.S. - Manjhi, District - Saran at Chapra.

¶4

.... .... Petitioner/s

¶5

Versus

¶6

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

¶7

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

¶8

The Assistant Excise Commissioner, Saran at Chapra.

¶9

The Superintendent of Excise, Saran at Chapra.

¶10

The Superintendent of Police, Saran at Chapra.

¶11

.... .... Respondent/s

¶12

====================================================== Appearance :

¶13

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Respondent/s : Mr. Vivek Prasad- Gp7

¶14

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

¶15

and

¶16

HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

¶17

2 17-05-2018 This writ petition has been filed for unsealing the dwelling house of the petitioner i.e. Khata No.251, Tauzi No.828, Thana No.50 and Survey No.1161 at Village-Bagahi, Pragana Bal under police station Manjhi and handing over possession of the same to the petitioner in connection with Manjhi P.S. Case No. 290/2016 which has been registered due to violation of the Excise Act. The prayer made in the writ petition is to unseal the house in question and hand over possession of the same during the pendency of the confiscation proceedings and criminal case.

¶18

It is common ground that in various cases, identical in

¶19

nature, pending finalization of the confiscation

¶20

Patna High Court CWJC No.8703 of 2018 (2) dt.17-05-2018

¶21

¶22

proceedings/criminal case vehicles/properties have been directed to be released by this Court on various conditions and we see no reason to make a deviation in the present case.

¶23

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and criminal case, the aforesaid dwelling house of the petitioner shall be unsealed and possession handed over to the petitioner on his furnishing original title deed of the property in question and two local sureties to the satisfaction of District Magistrate, Saran at Chapra and further undertaking not to alienate or deal with the house in question or create a third party interest during the pendency of the confiscation proceedings and criminal case or prejudice the right of the State in confiscation proceedings. The aforesaid house in question shall be unsealed and possession handed over to the petitioner within one week from the date of furnishing the original title deed and sureties.

¶24

With the aforesaid, the writ petition stands allowed

¶25

and disposed of.

¶26

(Rajendra Menon, CJ)

¶27

Arvind/-

¶28

(Rajeev Ranjan Prasad, J)

¶29

Surendra Chaudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Surendra Chaudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chandan Ghosh Vs The State Of Bihar and Ors.

Shravan Rajbhar @ Shravan Bhar Vs The State Of Bihar and Ors.

Raj Kishore Sah Vs The State Of Bihar and Ors.

Kumari Nirmala and Ors. Vs The State Of Bihar and Ors.

Arvind Kumar Vs The State Of Bihar and Ors.

Deendyal Ram Vs The State Of Bihar and Ors.