Kalpana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.671 of 2024 In Civil Writ Jurisdiction Case No.16151 of 2018 ====================================================== Kalpana Late Ashok Kumar R/o-Mohalla Balkishun Ganj, P.S.-Alamganj, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise and Prohibition and Registration, Govt. of Bihar, Patna. 2.

Mr. Vinod Singh Gunjiyal, The Commissioner-cum-Secretary, Department of Excise, Prohibition and Registration, Govt. of Bihar, Patna. 3.

Mr. Sawan Kumar, The Collector-cum-District Magistrate, Kaimur at Bhabhua. 4.

Mr. Ansul Aggarwal, The Collector-cum-District Magistrate, Buxar. 5.

Mr. Devendra Prasad, The Assistant Excise Commissioner, Buxar. 6.

Mr. Rakesh Kumar, The Assistant Excise Commissioner, Kaimur at Bhabhua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav, Advocate For the State :

Mr. Raghwanand, GA 11 Mr. Prabhat Kumar, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-08-2024 The present MJC is filed for non-compliance of the order dated 06.03.2020 passed in CWJC No. 16151 of 2018. Petitioner's grievance was for issuance writ of mandamus to refund the amount of security deposited in the form of National Saving Certificate for various tenders and also license fee. The Co-ordinate Bench proceeded to dispose of the writ petition of the petitioner directing the petitioner to appear before the Assistant Excise Commissioner of the respective districts while submitting written request. Based on such direction, petitioner is

Patna High Court MJC No.671 of 2024(6) dt.22-08-2024 2/2 stated to have submitted written requests. Security Deposits are two items whereas License Fee deposited with the concerned respondent are four in numbers. Security deposit of Rs. 5 lakhs was disbursed on 13.02.2024. Similarly license fee was also paid on 04.03.2024 of sum of Rs. 2,07,117/-. Security deposit of Rs. 1,50,000/- for the period of 01.07.1999 to 31.03.2002 was not disbursed for want of records. License fee deposited with concerned respondent of Sum of Rs. 16,60,254/- was paid. Similarly, 9,71,486/- was paid. A sum of Rs. 4,66,237/- has been adjusted on 24.09.2019 with reference to petitioner's certain dues.

2. Taking note of these facts and circumstances only dispute is in respect of security deposit of a sum of Rs. 1,50,000/-. In this regard petitioner is at liberty to approach the concerned authority by furnishing authenticated documents to claim the aforementioned amount, if any.

3. With the above observation, present MJC petition stands dropped.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) GAURAV S./- U