Patna High Court
Mirtunjay Prasad @ Mritunjay ... vs The State Of Bihar And Ors on 6 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15480 of 2017
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Mirtunjay Prasad @ Mritunjay Prasad Son of Nathuni Prasad, Resident of
Village-Dumwaliya, Ward No. 9, P.S. Bagaha, District-West Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Excise Commissioner, Department, of the Excise Vikash Bhawan,
Bailey Road, Patna.
3. The Deputy Commissioner, Department of the State Excise, Vikash Bhawan,
Bailey Road, Patna.
4. The Joint Commissioner, Department of the Excise, Vikash Bhawan, Bailey
Road, Patna.
5. The District Magistrate, West Champaran. at Bettiah
6. The Excise Superintendent, West Champaran at Bettiah
7. The Assistant Commissioner, Department of Sale Tax, West Champaran at
Bettiah.
8. The Sub-Divisional Officer, Bagaha, West Champaran
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prithvi Nath Mishra, Adv.
For the Respondent/s : Mr.Lalti Kishore, A.G.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN)
Date : 06-01-2021
Heard the parties.
The present writ petition has been filed for return
of Rs. 88235/- by the respondent-authorities to the petitioner
and for the other ancillary relief.
Pursuant to notice inviting application for issuance
of licence for the retail vendor of country liquor/spiced country
liquor/foreign liquor/beer, the petitioner along with others
Patna High Court CWJC No.15480 of 2017 dt.06-01-2021
submitted the application before the concerned authorities. The
authorities concerned adopted the lottery system for selection of
the vendor and the petitioner was selected for retail vendor of
country liquor/spiced country liquor and foreign liquor.
According to guideline of sale gazette, the
petitioner deposited the entire licence fee from March 2014 to
January 2015. The petitioner has not deposited of February 2015
of Rs. 13,17,150/- according to guideline of sale gazette the
authority concerned adjust the liabilities from security amount.
The security amount of the petitioner is Rs. 13,17,200/-, 9%
interest, 1,48,185=14,65,385/- and according to Memo No. 616
dated 7.04.2015, the total liabilities is on petitioner Rs.
13,77,150/- and total security money of the petitioner is Rs.
14,65,385/- liabilities of Rs. 13,77,150/-=Rs. 88,235/-. The
surplus amount of Rs. 88,235/- is pending before the authority.
But the authority concerned are sitting tight over the matter and
are not returning the same. Hence, this writ petition.
On the other hand, learned counsel for the State
submits that there is a provision of appeal under Section 92 of
the Bihar Prohibition and Excise Act, 2016 and the petitioner
may be relegated to file an appeal for redressal of his grievance.
It is submitted that the petitioner will be satisfied
Patna High Court CWJC No.15480 of 2017 dt.06-01-2021
if representation of the petitioner is considered by the competent
authority for refunding the aforesaid amount in terms of the
judgment passed by this Court as well as Apex Court.
Accordingly, we disposed of this writ petition with
liberty to the petitioner to file a detailed representation
enclosing judgment and order passed by this Court as well as
Apex Court before the competent authority and the same shall
be considered by the competent authority, after condoning the
delay, if any, in preferring the appeal, in accordance with law
and pass a speaking and reasoned order within 30 days from the
date of filing of such representation.
(Sanjay Karol, CJ)
(Anjani Kumar Sharan, J.)
Trivedi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.01.2021
Transmission Date NA
