Mohan Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4591 of 2023 ====================================================== Mohan Raut S/o Shankar Raut, R/o Village- Rampur, Baheliya, Ward No. 14, Puraina, P.S.- Yogapatti, District- West Champaran. ... ... Petitioner

Versus

1.

The State of Bihar through 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. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 17-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that petitioner was declared successful for the Group No-4 as well as Group No-33 liqour shops in the financial year 2014-2015, in the District of West Champaran. He was awarded license to run the same. He further submits that he made payment of advance and monthly license fee for the license in Group No-4 as well as in Group No-33. However, the Authorities have wrongly adjusted the advance submitted against the dues outstanding with respect to the license issued in the other Groups. He, thus,

Patna High Court CWJC No.4591 of 2023 dt.17-04-2023 2/2 submits that if the Authorities were to consider this grievance of the petitioner, in fact, the petitioner would be entitled to refund of some amounts. He submits that the recovery proceedings arising out of Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as 'the Act') in Certificate Case No. 16 of 2016-2017 are, therefore, thoroughly misconceived as the petitioner does not owe any amount, let alone any public demand.

3. The submissions give rise to an issue of set off/accounting in the instant proceedings, which is required to be raised by the petitioner before the Certificate Officer, West Champaran, Bettiah (Respondent No.5) by filing objection under Section 9 of the Act, in the pending Certificate Case No. 16 of 2016-2017.

4. With liberty as aforesaid, the writ application is disposed of.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shyambihari/- AFR/NAFR CAV DATE Uploading Date 21 /04/2023 Transmission Date