Petitioner challenged confiscation of his house. Court noted District Collector grossly erred in not aligning confiscation ground with FIR facts. Impugned order set aside and case remanded.
Impugned order set aside and matter remanded to District Collector for hearing and disposal within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7733 of 2023
======================================================
Gupteshwar Singh Son of Ramcharitra Singh Resident of Village- Munjhara, P.S.- Goh, District- Aurangabad.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shrinath, Advocate For the Respondent/s : Mr. Vikash Kumar (SC-11)
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 20-06-2023 The petitioner is aggrieved by the seizure of his house effected by the impugned order in a confiscation proceeding initiated under Section-56 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner points out that while the F.I.R. suggests the recovery from the residential building, the District Collector has confiscated the house on the ground that the contraband is recovered from a vehicle.
Patna High Court CWJC No.7733 of 2023(2) dt.20-06-2023 2/2
Having gone through the impugned order, we feel that the District Collector has grossly erred in considering the case and has not looked at the records properly.
In such circumstances, we set aside the impugned order only on the basis of the error noticed.
The matter shall be remanded to the District Collector. The petitioner shall appear before the District Collector on 11th of July, 2023 upon which the matter shall be heard and disposed of within two weeks thereafter. The petitioner shall also be entitled to make an application before the District Collector under Rule-12B of the Rules.
The petition stands disposed of.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
sharun/-
U
1 issue framed by the court
Whether the District Collector erred in confiscating the petitioner's residential house when the FIR suggested recovery from the building but the confiscation was based on contraband from a vehicle.
1 provisions across 1 enactments
Gupteshwar Singh
State of Bihar
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
