Om Prakash Sahu @ Om Prakash Sah vs The State Of Bihar
2021 Latest Caselaw 2449 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10556 of 2020
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Om Prakash Sahu @ Om Prakash Sah, Son of Late Baiju Lal Sahu, Resident of Ward No.2, Naya Tola, P.S. Chanpatia, District- West Champaran.

... ... 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, West Champaran, Bettiah.

5. The Certificate Officer, West Champaran, Bettiah.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Satyabir Bharti, Advocate

For the Respondent/s : Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 21-06-2021

Petitioner has prayed for the following reliefs: -

"(i) Issuance of writ of certiorari, quashing the order dated 25.8.2015, as contained in memo no.1757, passed by the Superintendent of Excise, West Champaran, Bettiah by which upon direction issued by the Deputy Commissioner of Excise, Tirhut-cum-Saran Division, Muzaffarpur, the security deposit furnished by the petitioner at the time of settlement which was adjusted against the outstanding dues of license fee for the period 2014-15 against settlement of Group No.34 Retail Liquor Shops in the district of West Champaran, Bettiah, has been forfeited and liability created upon Patna High Court CWJC No.10556 of 2020 dt.21-06-2021

the petitioner for the said dues of license fee to be recovered through Certificate proceedings;

(ii) Issuance of appropriate writ (s), order(s) & direction(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. 34 retail liquor shop in the District of West Champaran for the year 2014-15, is liable to be adjusted against the outstanding dues of license fee;

(iii) directing the respondents to adjust the security deposit of Rs. 7,93,150.00 along with accrued interest, against the outstanding dues of license fee of Group no. 34 retail liquor shop settled with the petitioner for the year 2014-15;

(iv) Quash the consequential Certificate proceedings initiated vide Certificate case no. 17/2016-17 pending before the Certificate Officer, West Champaran, Bettiah for recovery of the amount in question;

(v) To pass such other writ(s), order(s), direction(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 Patna High Court CWJC No.10556 of 2020 dt.21-06-2021

by a co-ordinate 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.

On the other hand, Shri Vikash Kumar, learned

Standing Counsel No. 11, 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) as 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 Patna High Court CWJC No.10556 of 2020 dt.21-06-2021

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 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)

Sujit/-

AFR/NAFR
CAV DATE
Uploading Date          22.06.2021
Transmission Date