Dimpi Kumari v. The Collector, District Rohtas And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11965 of 2015 ====================================================== Dimpi Kumari, Wife of Sri Ram Kumar Singh, Resident of village- Tenduni, Ward No. 9, Bikramganj, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

1.

The Collector, District- Rohtas , Sasaram 2.

The Assistant Excise Commissioner, Rohtas, Sasaram ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiva Ranjan, Advocate For the Respondent/s :

Mr. Bishwa Bibhuti Kr. Singh, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-09-2017 During the pendency of the matter, the prayer made by the petitioner for refund of the license fee and other benefits have been rejected vide order dated 21.12.2016 (Annexure-E) to the counter affidavit by the Assistant Commissioner (Excise), Rohtas and against the aforesaid order, the petitioner has statutory remedy of appeal or can challenge by filing a writ application before the appropriate Bench after exhausting the statutory remedy of appeal. Keeping in view the aforesaid, we grant liberty to the petitioner to take recourse to the statutory remedy available. In case the petitioner invokes the statutory remedy of appeal within a reasonable period of time, the Statutory authority shall consider

Patna High Court CWJC No.11965 of 2015 dt.04-09-2017 2/2 and decide the appeal on merit and shall not reject it on the ground of delay.

With the aforesaid liberty, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2017 Transmission Date