Patna High Court
Jilevi Devi vs The State Of Bihar on 12 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1683 of 2021
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Jilevi Devi, wife of Sri Bhikhari Yadav, resident of Mohalla Chamua, P.S.
Shikarpur, District- West Champaran, Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Excise and Prohibition
Department, Government of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The Collector, West Champaran, Bettiah.
4. The Superintendent of Excise, Bettiah.
5. The Certificate Officer, Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Vivek Prasad, G.P-7.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 12-07-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
"(i) Issuance of appropriate writ(s),
order(s), & directions(s), to hold and
declare that the security deposit being an
amount deposited assuring due
compensation in case of default of payment,
the security deposit furnished by the
petitioner against settlement of Group no.
47 retail liquor shops, in the "District of
West Champaran, Bettiah for the year
2015-16 is liable to be adjusted against the
outstanding dues of license fee;
Patna High Court CWJC No.1683 of 2021 dt.12-07-2021
(ii) Directing the respondents to adjust the
security deposit of Rs. 5,51,930.00/- along
with interest accrued on the same, which
has already been recovered/realized from
the Fixed Deposit receipts submitted by the
petitioner at the time of settlement, against
the outstanding dues of license fee against
Group no. 47 retail liquor shops settled with
the petitioner for the year 2015-16;
(iii) To quash the consequential Certificate
proceedings initiated vide Certificate Case
No. 42/2016-17 pending before the District
Certificate Officer, Bettiah by which
proceeding has been initiated for recovery
of the alleged outstanding dues of license
fee;
(iv) To pass such other writ(s), order(s),
directions(s) as your Lordships may deem
fit and proper in the facts and
circumstances of the case."
Shri Satyabir Bharti, learned counsel for the
petitioner, states that petitioner's case is squarely covered vide
judgment dated 26th July, 2017 passed in CWJC No. 18598 of
2015, titled as Upendra Kumar vs. The State of Bihar &
Ors., and its analogous cases, and that the instant petition be
disposed of in terms of order dated 21st September, 2017 passed
by a coordinate Bench of this Court in CWJC No. 11893 of
2017, titled as Pramod Singh vs. The State of Bihar & Ors.,
and its analogous cases.
He further states that the authority be directed to
consider the petitioner's case expeditiously.
Patna High Court CWJC No.1683 of 2021 dt.12-07-2021
On the other hand, Shri Vivek Prasad, learned
Government Pleader No. 7, states that he has no objection with
the matter being remanded to the appropriate authority for
consideration of the petitioner's case on its own merit in
accordance with law. Whether the petitioner's case would be
covered or not is left open for the authority to consider.
As such, as jointly prayed for, we dispose of the
present petition directing the appropriate authority, under the
provisions of the Bihar Prohibition and Excise Act, 2016, to
consider and decide the petitioner's case in terms of judgment
dated 26th July, 2017 passed in case of Upendra Kumar
(supra) Patna High Court CWJC No.10769 of 2020 dt. 21-05-
2021as also order dated 21st September, 2017 passed in case of
Pramod Singh (supra).
We clarify that all issues of facts and law are left
open.
Also, we have not gone into the issue as to whether
the petitioner's case is similarly situated as that of petitioners in
Upendra Kumar (supra) and Pramod Singh (supra).
We only hope and expect that the authority to
consider and decide the petitioner's case expeditiously and
preferably within a period of four months from the date of
Patna High Court CWJC No.1683 of 2021 dt.12-07-2021
placing a copy of this order along with a written request to be
made by the petitioner.
The petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, also stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
