Kumari Nancy Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8061 of 2018 ====================================================== Kumari Nancy Gupta Wife of Shri Subhash Kumar, Resident of Pratappur, P.S. Pratappur, District- Chatra, Jharkhand.

... ... 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, Aurangabad.

4.

The Superintendent of Excise, Aurangabad.

5.

The Certificate Officer, Aurangabad.

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

For the Petitioner/s :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-02-2020 The petition filed on 25.04.2018 is listed for hearing for the first time today before the Court.

Petitioner has prayed for the following relief: "(i) For issuance of writ of certiorari quashing the order, dated 21.12.2017, as contained in memo No. 781, issued by the Superintendent of Excise, Aurangabad, by which in purported compliance of the order, dated 21.9.2017 passed by the Hon'ble Patna High Court in C.W.J.C. No. 11935 of 2017, the petitioner has been communicated that the Collector, Aurangabad by an order dated 20.12.2017 passed in the record has directed for

Patna High Court CWJC No.8061 of 2018(2) dt.06-02-2020 2/2 recovery of the outstanding dues of license fee of Rs. 12,19,355 and Irregularity fee of Rs. 27,000/- against Group No. 01 Liquor shop settled with the petitioner for the financial year 2014-15 and the petitioner has been directed to deposit the aforesaid amount, failing which steps shall be taken for recovery of the said amount;

(ii) Issue a writ of mandamus directing the respondents to adjust the security deposit of Rs. 7,87,500/- along with interest accrued on the same, against the outstanding dues of license fee against Group no. 01 retail liquor shops settled with the petitioner for the year 2014-15"

Learned counsel for the petitioner seeks permission to withdraw the application for the reason that the petition has become infructuous, inasmuch as, the petitioner's grievance stands redressed.

Permission granted.

The instant petition stands dismissed as withdrawn. (Sanjay Karol, CJ) (Mohit Kumar Shah, J) P.K.P./-Utkarsh U