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Judgment
20 paragraphs · 371 wordsHeard parties.
Petitioner has prayed for the following reliefs:-
“(i) This Hon’ble Court may be pleased to set aside the notice dated 15.06.21(Annexure P/3) issued by the S.H.O. cum officer in charge of
police station Budha Coloy, Patna, whereby the residential house of widow petitioner situated at Devi Asthan 57C, Road NO. 245, Chakaaram, P.S.-
Budha Colony, Dist-Patna, under than no. 4 Tauzi no. 8050 Khata no. 165 survey plot no. 1003 ward no. 24, Circle No. 245 Holding no. 57(c) which
has been sealed/closed under section 56(c) and 62 of the Bihar Prohibition Excise Amendment Act, 2016 in connection with Budha Colony P.S Case
No. 177/21 dated 08.06.2021 which was lodged for the offenceU/s 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016, and whole family is
lying on road.
(ii) This Hon’ble Court may further be pleased to directed the Respondents to immediately release the residential house of widow petitioner
situated at Devi Asthan 57C, Road No. 245, Chakaaram, PS. Budha Colony, Dist-Patna.â€
It is submitted on behalf of petitioner that she is the owner of the sealed house, from one room of which 25 litre of country made liquor was
recovered. The house of the petitioner has been sealed only on the basis that her son is accused in the aforementioned case but he is separated from
petitioner for a long time.
In view of the above, the writ petition is disposed of with a direction to the Confiscating Authority/District Collector, Patna, to immediately initiate the
confiscation proceeding, if not already initiated, preferably within 15 days from the date of production/receipt of a copy of the order passed by this
Court and conclude the confiscation proceeding within 90 days, failing which, the sealed house of the petitioner shall be unsealed till conclusion of
confiscating proceeding and possession to be handed over to the petitioner, on the petitioner depositing the original title deed of property, in question, as
security with one surety to the extent of value of property as per the circle rate with the concerned District Collector, or Confiscating Authority.
Petitioner shall also file an undertaking that during pendency of confiscating proceeding, no third party right or interest will be created on the property
liable for confiscation.