ABHIMANYU PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing of seizure list, dtd. 16/6/2021, prepared by the Circle Officer, Katoria, and subsequent notice, dtd. 23/6/2021, issued by the Circle Officer, Katoria. It has further been prayed for restraining the District Magistrate, Banka, as well as the Circle Officer, Katoria, from proceeding further pursuant to the notice, dtd. 23/6/2021, as contained in letter no. 607 and for a direction to the State to compensate the petitioner for illegal act committed by the respondents. The petitioner has further prayed for release of the documents seized on 16/6/2021 in his favour.

(2.) The petitioner approached this Court with the facts that his ancestor, Late Thakur Jaswant, was the recorded zamindar prior to vesting of zamindari in the State of Bihar. After vesting of zamandari, the petitioner submitted the return to the State of Bihar. The son of the petitioner is a businessman, dealing in tyres. During the assembly election, some politicians demanded contribution (donation) from the son of the petitioner, which was refused by him. Then, he was threatened of dire consequences. The son of the petitioner was harassed at the behest of the politicians and a case, under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was registered against him and a theft was also committed in his shop. The son of the petitioner was granted bail in the case lodged against him under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Then, the District Magistrate, Banka, in connivance with the District Transport Officer, Banka, lodged Katoria Police Station Case No.112 of 2021 against the son of the petitioner, alleging therein that he was facilitating fake passes to overloaded trucks and vehicles, loaded with red sand and ballast stone by demanding money. The son of the petitioner was granted bail in the aforesaid case, on 7/6/2021. Suddenly, on 16/6/2021, 50 police personal, along with respondent nos.10 to 14, surrounded the house of the petitioner, raided the same and took away certain documents/papers relating to lands, including the zamindari receipts. A copy of the seizure list was handed over to the family members of the petitioner, which is annexed as Annexure P/3 to this writ application.

(3.) On 23/6/2021, the respondent No.14, the Circle Officer Kotaria, vide letter No.607, issued show cause to the petitioner and his son, regarding the source and genuineness of the documents, seized by the Circle Officer on 16/6/2021.