Allowed

Sidheswar Yadav @ Sidheshwar Singh @ Sideshwar Singh v. The State of Bihar

Patna HC17 Dec 2019CWJC/20288/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition seeking unsealing of a residential house provisionally seized in an excise case. The court directed the State respondents to release possession upon the petitioner depositing the original title deed with a surety and providing security equal to the property's circle rate.

What did the court decide?

Provisional de-sealing of the house and handing over possession to the petitioner upon deposit of original title deed, surety, and security equal to the circle rate.

Sidheswar Yadav @ Sidheshwar Singh @… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20288 of 2019

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Sidheswar Yadav @ Sidheshwar Singh @ Sideshwar Singh S/o Late Munni Lal Singh @ Late Munni Lal Yadav R/o Village- Brahmasthan Tola (Jamuawan), P.s.- Daudnagar, Distt.- Aurangabad

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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, Govt. of Bihar, Patna

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The Principal Secretary Registration, Excise and Prohibition Department, Govt. of Bihar, Patna

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The Collector-cum-District Magistrate Aurangabad

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The Superintendent of Excise Aurangabad

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Respondent/s : Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY)

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Date : 17-12-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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This application has been filed for a Mandamus directing the State-respondents to release/unseal the House of the petitioner sealed in connection with Excise Case No. 697 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The seizure list shows recovery of 70 liters of country made liquor, 200 liters of sprite and 18.6 liters of liquor from two motorcycles.

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Patna High Court CWJC No.20288 of 2019 dt.17-12-2019 2/3

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Learned counsel for the petitioner submits that the house in question is a joint family property of the petitioner. The seizure list shows recovery of total 88.4 liters of country made liquor and 200 liters of sprite from the house of the petitioner. It is also submitted that the confiscation proceeding for the property in question is pending.

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Learned counsel for the State is present and submits that in the given facts and circumstances of this case if at all the Court is willing to consider provisional unsealing of the house then the interest of the State is required to be protected.

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Having heard learned counsel for the parties and considering the facts and circumstance of the case where it is said to be a residential house under the seizure of six months and the petitioner is ready to furnish adequate security to safeguard the interest of the State, following the consistent views of the Division Bench of this Court, we direct that pending finalization of confiscation proceeding the house of the petitioner be provisionally de-sealed and possession be handed over to the petitioner on the petitioner's depositing the original title deed of the property in question as security with one surety to the extent of value of the property as per the circle rate with the designated Court below.

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Patna High Court CWJC No.20288 of 2019 dt.17-12-2019 3/3

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The owner of the property shall give an undertaking that during the pendency of the confiscation proceeding, he will not deal with the property in question and shall not create any third party interest whatsoever.

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On submission of the original title deed of the property in question together with the surety and the undertaking as mentioned above, the house in question shall be de-sealed and possession be handed over within a fortnight thereafter. The title deed deposited by the petitioner shall be kept in safe custody of the Confiscating Authority and shall be subject to outcome in the confiscation proceeding.

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The writ petition is allowed to the extent as stated hereinabove.

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(Shivaji Pandey, J)

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( Anjani Kumar Sharan, J)

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devendra/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	04.01.2020
Transmission Date	NA

Sidheswar Yadav @ Sidheshwar Singh @ Sideshwar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sidheswar Yadav @ Sidheshwar Singh @ Sideshwar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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