Jhaman Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19786 of 2011 ====================================================== Jhaman Bhagat Son of Late Ram Ashish Bhagat, resident of Village Kutubpur, Saidpur, P.S. Biddupur, District - Vaishali .... .... Petitioner

Versus

1. The State of Bihar

2. Commissioner, Department of Excise, Government of Bihar, Patna

3. District Magistrate, Vaishali at Hajipur

4. Superintendent of Excise, Vaishali at Hajipur

5. Raj Kumar Son of Sri Ganga Rai, resident of Village Sonpur Pakarichak, P.S. Sonpur, District Saran .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-09-2015 No one appears on behalf of the petitioner.

The writ application has been filed for the following relief:- "That this is an application for issuance of an appropriate writ, order or direction, for directing the respondents to grant compensation to the petitioner as well as to refund the license fee to the petitioner for the period he was not allowed to run the composite shop no. 83 which was allotted to the petitioner for the Financial Year 2010-11 although monthly auction amount at the rate of Rs. 92,970/- was realized by the respondents from the petitioner."

Patna High Court CWJC No.19786 of 2011 (3) dt.24-09-2015 2/2 The learned counsel for the State draws the attention of the Court to various paragraphs of the counter affidavit in order to submit that actually for violation of the conditions of license, the petitioner was imposed penalty in the sum of Rs. 75,000/- under Section 68 of the Bihar Excise Act. Instead of depositing the cost, the writ application has been filed.

Be that as it may, since no one appears on behalf of the petitioner, the same is dismissed for want of prosecution. (Kishore Kumar Mandal, J) Vats/- U