ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the order as contained in memo no. 705/GO dated 26th April, 2020 passed by the Sub-Divisional Magistrate, Dhalbhum, Jamshedpur-respondent no. 2 with a further direction to the respondents to remove the seal from “The Alcor Hotel” situated at Holding No. 4, Ramdas Bhatta, opposite Indian Oil Petrol Pump, Bistupur, Jamshedpur, District East Singhbhum (hereinafter to be referred as ‘the said premises’).

3. The factual background of the case as stated in the writ petition is that the petitioner owns the Hotel Alcor, which provides facilities such as restaurants, bar, spa etc. On 25th April, 2020, a first information report being Bistupur P.S. Case No. 87 of 2020 was registered under Sections 188, 269 and 270 of the Indian Penal Code; Section 54 of the Disaster Management Act, 2005 and Section 3 of the Epidemic Diseases Act, 1897, alleging that during the lockdown period, a raid was conducted on 25th April, 2020 in the Hotel Alcor wherein it was found that the spa was opened and few people including two girls were present in the conference hall, adjoining the spa. Seeing the raiding party, some persons fled away, however, three persons were apprehended on spot. Thereafter, the said premises was sealed on 26th April, 2020 by the Special Officer, Jamshedpur Notified Area Committee and the Executive Magistrate-cum-Incident Commander, East Singhbhum, Jamshedpur in terms with the office order as contained in memo no. 705/GO dated 26th April, 2020 passed by the respondent no. 2. Another first information report, being Bistupur P.S. Case No. 88 of 2020 was registered under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956 against one of the Directors of the petitioner- Company, namely, Rajiv Singh Dugal and other accused persons on 27th April, 2020, alleging therein that one Sharad Poddar had kept a lady, namely, Aishwarya Tarak Singh in the said hotel for last one month and had been establishing physical relationship with her since then. The petitioner vide letter dated 7th May, 2020 requested the Deputy Commissioner, East Singhbhum, Jamshedpur-respondent no. 1 to unseal the hotel premises, so that day to day business of the petitioner-Company and firms having their registered offices located at Alcor Hotel Premises could function in a regular manner. The copies of the said letters were also sent to other authorities, however, no action in this regard was taken. The petitioner also served a reminder vide letter dated 15th May, 2020 to the respondent no. 1, however, the same was also not responded. Hence the present writ petition.

4. Learned counsel for the petitioner submits that the petitioner was neither given any opportunity of hearing nor any lawful proceeding was initiated against it before sealing the entire premises of the said hotel. It is further submitted that there are offices of several companies/firms situated in the premises of the Hotel Alcor and by sealing the entire premises, functioning of the said offices are adversely affected for not fault on their part. There are about 475 direct and indirect employees involved with the said companies/firms and due to sealing of the entire premises, they are on the verge of starvation. It has become difficult for the petitioner-Company/firms situated in the said premises to carry on their respective business due to sealing of the entire premises leading to a situation that the salary of its employees is not being paid. Learned counsel for the petitioner further submits that even if the entire story of the prosecution in both the criminal cases are taken to be true on their face value, the said allegations do not in any manner reveal the involvement of the aforesaid companies/firms in which said Rajiv Singh Dugal is either Director or partner and hence the sealing of the office premises situated in the said hotel building is absolutely illegal. It is al