Shatrudhan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.668 of 2018 ====================================================== Shatrudhan Prasad Son of Sri Durga Prasad, Resident of Village and PostTilouthu, P.S.- Tilouthu, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Department of Excise, Government of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Rohtas at Sasaram.

4.

The Assistant Commissioner of Excise, Rohtas at Sasaram. 5.

The Sub Inspector of Excise, Dehri Circle, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Singh 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) 05-03-2020 Petitioner has prayed for following relief:- "This writ application is being filed in the nature of mandamus commanding the respondents to grant the license to the petitioner for collecting, selling and export the 'Mahua Flower' in the other State because the petitioner is farmer and grows the Mahua tree for Mahua Flowers as per the rule framed in this State as "Bihar Excise (Mahua Flowers) Rule, 2006.

Petitioner further prays for appropriate writ/writs, order/orders/direction/directions for grant of licence for collecting and exporting the Mahua flowers in the other State. The application for licence is still pending before the Assistant Commissioner of Excise, Rohtas, Sasaram (Respondent No.4)."

Patna High Court CWJC No.668 of 2018(4) dt.05-03-2020 2/2 After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of six months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( S. Kumar, J) Ranjeet/- U