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Judgment
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
“(i) For issuance of an appropriate writ/order/direction in the nature of mandamus for commanding upon the respondents and directing them to release the godown in favour of the petitioner for which the confiscation proceeding no. 202/18-19 has been initiated in connection with Saharsa P.S. Case No. 1182 of 2018 while the said godown has been sealed by the S.D.O., Saharsa since 16.06.2017 in connection with the Saharsa P.S. Case No. 607/2017.
(ii) For any other relief/s for which the petitioner may found to be entitled with in the facts and circumstances of this case.”
It is submitted on behalf of petitioner that pursuant to notice issued in Confiscation Case No. 202 of 2018-19 he has already appeared before the confiscating authority and has filed his show cause on 31.01.2019 but yet confiscation proceeding has not been concluded as a result of which his house remains sealed.
The writ petition is disposed of with a direction to the Confiscating Authority/District Collector, Saharsa to conclude the confiscation proceeding within 90 days, failing which, the premises 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.
In view of amendment in the Excise Act, and same being applicable in pending case, it shall be open for the petitioner to get his/her house unsealed after making payment of penalty in terms of Rule 12(B) inserted by amending Bihar Prohibition and Excise Rules, 2021.
With aforesaid observation and direction, the writ petition stands disposed of.