Patna High Court Imposes Heavy Fine on State Authorities for Illegal House Sealing
The Patna High Court has taken strong action against state authorities in Bihar. The court imposed a substantial cost of Rs 50,000 on these authorities. This penalty comes for arbitrarily sealing a residential house in Jehanabad district. The sealing occurred nearly two years after an alleged liquor recovery linked to the same property.
Court Allows Petition and Issues Order
A single bench of Justice Arun Kumar Jha delivered this significant order on January 13. The court allowed a criminal writ application filed by Neelam Devi. A copy of the detailed order became available to the public on Thursday. This development marks a crucial victory for the petitioner against state overreach.
Details of the Arbitrary Sealing
Advocates Anunay Shahi and Shivendra Prasad represented the petitioner in court. They presented compelling arguments before Justice Jha. Their client, Neelam Devi, owns the house in question. State authorities suddenly locked and sealed this residential property on January 31, 2022. They took this drastic action without providing any reason to the owner.
Neelam Devi later discovered the shocking truth through her own enquiries. The sealing represented a follow-up step toward confiscating her property. This action connected to her son's earlier arrest. Police had arrested him in connection with an alleged recovery of 8.5 litres of Indian-made foreign liquor. That incident occurred on October 6, 2019.
Key Legal Arguments Presented
The petitioner's counsels made several critical submissions before the court:
- Police investigations found no involvement of Neelam Devi in the alleged liquor recovery from her son.
- Her name did not appear in the chargesheet filed in the case registered at Jehanabad police station.
- The state cannot legally take action against a woman's property under liquor prohibition laws if she has no involvement in the alleged offence committed by her son.
Court's Decisive Ruling and Observations
Justice Jha issued clear directions while delivering the judgment. The court ordered the immediate unsealing of Neelam Devi's house. Justice Jha held that the action of state authorities fell beyond the mandate of law. The court firmly rejected the state counsel's submission regarding delay.
The state had argued that the Covid-19 pandemic caused the delay in sealing the house. Justice Jha observed that this argument lacked merit. The case registered in October 2019, while the pandemic reached India only in March 2020. This timeline made the state's justification untenable.
Significance of the Imposed Cost
The High Court imposed the Rs 50,000 cost specifically for causing undue harassment to the petitioner. This financial penalty sends a strong message about accountability. It underscores that authorities must follow proper legal procedures. The court's action highlights protection of individual property rights against arbitrary state actions.
This case demonstrates judicial oversight in checking executive overreach. It reinforces that property seizures require solid legal foundations. The judgment particularly emphasizes protections for individuals not directly involved in alleged offences. Neelam Devi's victory establishes an important precedent for similar cases in Bihar.
