Patna High Court
Nand Kishore Poddar vs The State Of Bihar And Ors on 6 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17053 of 2017
======================================================
Nand Kishore Poddar Son of Late Ramjiwan Poddar, Resident of D.N. Singh
Road, Lakhi Babu Ka Bagicha Kharmanchak, P.S.- Kotwali, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Commissioner of Excise, Department of Excise and Prohibition, Govt.
of Bihar, Patna.
3. The Deputy Commissioner of Excise, Bihar, Patna.
4. Superintendent of Excise, Bhagalpur.
5. District Magistrate, Bhagalpur.
6. Anchaladhikari, Jagdishpur, P.O. and P.S.- Jagdishpur, District- Bhagalpur.
7. Sub-Inspector of Excise, Office of Excise Superintendent, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate.
For the Respondent/s : Mr. Vikash Kumar, SC-11
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARA)
Date : 06-01-2021
Heard learned counsel for the petitioner and learned
SC-11 for the State.
The petitioner has approached this Court for seeking
following reliefs:
"(i) For issuance of an appropriate writ/writs in
the nature of writ of certiorari quashing the
letter contained in Memo no.738 dated 28.10.17
issued by Superintedent of Excise, Bhagalpur
Patna High Court CWJC No.17053 of 2017 dt.06-01-2021
(Respondent no.4) directing Anchaladhikari,
Jagdishpur (Respondent no.6) to destroy the
seized spirit within a week and report in this
regard.
(ii) For issuance of an appropriate writ/writs in
the nature of writ of mandamus directing
concerned respondents to pay total cost etc of
the seized spirit amounting to Rs.2,60,000/-
(Two lakhs sixty thousand only) to the petitioner
if same is destroyed.
(iii) Any other relief/reliefs for which petitioner
is found to be entitled for."
Learned counsel for the petitioner submits that the
petitioner was holding licence being Licence No.1/2003-04 for
the wholesale of denatured spirit i.e. spirit which have been
rendered unfit for human consumption and said licence was
renewed up to year 2015-16. Subsequently, the Superintendent
of Excise, Bhagalpur vide letter no.344 dated 26.03.2016
informed the petitioner that after 31st of March, 2016, the
licence will be deemed to have been cancelled as in view of new
Excise Rule, licence will not be renewed from 1 st April, 2016.
He further submits that petitioner during subsistence of licence
and after proper sanction of the concerned authority had
purchased 12,000 liters of denatured spirit (commonly used for
painting in furniture) after depositing proper cost etc.
Patna High Court CWJC No.17053 of 2017 dt.06-01-2021
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.
This writ petition is disposed of with liberty to
petitioner to file a detailed representation enclosing judgment
and order passed by this Court as well as Apex Court before
respondent no.5, the District Magistrate, Bhagalpur for redressal
of his grievance and the same shall be considered by the District
Magistrate, Bhagalpur after condoning the delay, if any, in
preferring this appeal, in accordance with law and pass a
reasoned and speaking order within 30 days from the date of
filing of such representation.
(Sanjay Karol, C.J.)
(Anjani Kumar Sharan, J.)
Trivedi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.01.2021
Transmission Date NA
