Shambhu Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12590 of 2012 ====================================================== Shambhu Yadav S/O Bibhishan Prasad Yadav R/O Vill-Bhalua, P.S.- Sangrampur, Distt-Munger .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Excise Department Government of Bihar, Patna

3. The Excise Commissioner, Excise Department Government of Bihar, Patna

4. The Divisional Commissioner, Excise Bhagalpur

5. The Excise Superintendent, Munger .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Respondent/s : Mr. Ram Balak Mahto Ag ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-08-2017 None appears for the petitioner. Earlier also none had appeared when the matter was dismissed on 23.01.2015, but it was restored on 20.07.2016.

From the return filed, it is seen that Excise Superintendent has taken action for sealing the shop of the petitioner and has forfeited his security deposit. Learned counsel for the petitioner submits that he has been apprised of the order only when copy of the return was submitted before the competent authority.

That being the position, against the order passed by the Excise Superintendent, Munger dated 29.10.2011 (Annexure-

Patna High Court CWJC No.12590 of 2012 (7) dt.08-08-2017 2/2 D to the counter affidavit), the petitioner has remedy of filing appeal before the competent authority.

We grant liberty to the petitioner to file appeal before the competent authority and it would be for the competent authority to pass order keeping statutory remedy available to the petitioner.

We dispose of the matter with the aforesaid liberty to the petitioner.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U