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Veena Devi v. The State Of Bihar and Ors.

Patna HC23 Aug 2019MJC/4133/2018

Case brief

AI extract

What is this about?

Petitioner sought modification of an order for provisional unsealing of a room where illicit liquor was recovered. Unable to provide original title deed due to unregistered flat, the Court directed furnishing of a bank guarantee to release possession.

What did the court decide?

Directed petitioner to furnish a bank guarantee of Rs. 4,00,000/- for provisional unsealing of the room and handing over possession.

Veena Devi Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4133 of 2018

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Criminal Writ Jurisdiction Case No.1452 of 2018

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Veena Devi W/o- Bhim Prasad Singh, resident of Ward No. 03, Ramnagar, P.S. Ramnagar, Khawan District Madhepura at temporary resident of Flat No. 204, Wazir Apartment, New Patliputra Colony, P.S. Patliputra.

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... ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Excise Department, Bihar, Patna.

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The Inspector General of Bihar, Home Department, Government of Bihar, Patna.

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The Director General of Police, Home Department, Government of Bihar, Patna.

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The Superintendent of Police, Patna Range, Patna.

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The S.H.O. Patliputra Police Station, Patna.

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The Investigating Officer, Patliputra Police Station, Patna.

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Wazir and Singh Construction(P) Ltd., 202, Ashiana Towers,Exhibition Road,Patna-800001

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar @ Manu, Advocate Mr. Raj Kishore Prasad, Advocate For the State : Mr. Rewti Kant Raman, A.C.to S.C.-11

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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9 23-08-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

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The present application has been preferred seeking modification of the order dated 12.09.2018 passed in Cr.W.J.C. No. 1452 of 2018. By the said order, this Court had directed for provisional unsealing/opening of that particular room of Flat No. 204 situated in Wazir Apartment at New Patliputra Colony

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Patna High Court MJC No.4133 of 2018(9) dt.23-08-2019 2/3

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in which about 59 litres of illicit liquor were recovered. It appears that in the order dated 12.09.2018 the quantity of illicit liquor was wrongly typed as 59.625 ml., in fact it is in litres.

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Learned counsel for the petitioner submits that this Court while directing the provisional unsealing of the room had imposed a condition where the petitioner was required to submit the original title deed of property in question with one surety to the extent of the value of the property. It is submitted that the flat in question has not yet been registered by the builder. The builder was impleaded in this case as opposite party no. 7 and when an attempt made to serve notice upon the builder failed, the petitioner has effected substituted service of notice by paper publication. A supplementary affidavit in proof of publication of notice in the newspaper has been filed on behalf of the petitioner. It is submitted that in absence of the registration of the flat, it is not possible to provide the original title deed of the property in question though the petitioner is ready to provide any other security in form of bank guarantee or immovable property of his village.

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Learned counsel for the State submits that in the given circumstance, in order to protect the interest of the State, this Court may direct the petitioner to furnish a bank guarantee.

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Patna High Court MJC No.4133 of 2018(9) dt.23-08-2019 3/3

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Having heard learned counsel for the petitioner and learned counsel representing the State, in the given facts and circumstances of the case where there is no original title deed of the flat in question and considering that it is a residential flat and the petitioner is an old aged lady facing hardship because of the sealing of the room, this Court directs that in case the petitioner furnishes a bank guarantee of Rs. 4,00,000/- the room in question shall be provisionally unsealed and possession be handed over to the petitioner immediately after submission of the bank guarantee. The other conditions as contained in the order dated 12.09.2018 passed in Cr.W.J.C. 1452 of 2018 shall remain intact.

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The application stands disposed off accordingly.

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(Rajeev Ranjan Prasad, J)

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arvind/vats

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Veena Devi v. The State Of Bihar and Ors.

Case brief

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Veena Devi v. The State Of Bihar and Ors.

Case brief

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