Anheuser Busch Inbev India Limited, v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16294 of 2021 ====================================================== 1.
Anheuser Busch Inbev India Limited, having its registered office at Unit No. 301/302, Third Floor, Dynasty Business Park, B-Wing, Andheri Kurla Road, Andheri East, Mumbai 400059, through Authorized Signatory Kartikeya Rawal, aged about 34 years, (Male), R/o Flat No. 702, Urvashi Apt., Tilak Nagar, P.S. - Kohna, Dist. - Kanpur (U.P.).
2.
Mr. Ajay Shankar Wankhare Son of Shankar Wankhare, Proprietor, M/s Hybrid Corporation, Bawarchi Restaurant, Rajpoot Nagar, Dhanauti, P.S. Hajipur, Dist. Vaishali - 844101 Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar, through Principal Secretary, Home, Government of Bihar, Old Secretariat, Patna.
2.
The Principal Secretary Home, Government of Bihar, Old Secretariat, Patna. 3.
The Principal Secretary, Prohibition Excise and Registration Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna - 800 001. 4.
The Joint Secretary, Prohibition Excise and Registration Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna - 800 001. 5.
The Director General of Police, Bihar, Old Secretariat, Patna. 6.
The Commissioner, Excise Department, Government of Bihar, Old Secretariat, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Archana Sinha @ Shahi, Advocate Mr.Arvind Kumar, Advocate Mr. Alok Kumar @ Alok Kr. Shahi, Advocate For the Respondent/s :
Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their
Patna High Court CWJC No.16294 of 2021(2) dt.10-12-2021 2/3 residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 10-12-2021 Petitioner has prayed for the following relief(s):- "(i) Hold and declare that the provisions of the Bihar Prohibition and Excise Act, 2016 (hereinafter to be referred as the Prohibition Act) cannot be enforced against persons dealing with Petitioners' NAB Products;
(ii) Issuance of writ of prohibition, or such other writ, order or direction as deemed appropriate, restraining the Respondents from enforcing the provisions of the Prohibition Act against Petitioners' NAB Products and from initiating prosecution or any other coercive action under Section 30 or any other provisions thereof against the Petitioners' employees, distributors, retailers, agents, business partners and affiliates or any other person dealing with Petitioners' NAB Products or consuming the same;
(iii) Grant such other and further order as this Hon'ble Court may consider necessary and expedient in the facts and circumstances of the present case."
Learned counsel for the petitioner seeks permission to withdraw the present petition, reserving liberty to file appropriate petition for redressal of the grievances. Prayer allowed.
The present petition is, accordingly, disposed of as withdrawn, reserving liberty to the petitioner to file appropriate
Patna High Court CWJC No.16294 of 2021(2) dt.10-12-2021 3/3 petition.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U