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Patna High CourtCWJC/424/2020disposed

Chandrabhanu Prasad v. The State Of Bihar

2020-09-14The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.424 of 2020 ====================================================== Chandrabhanu Prasad Son of Late Ramkripal Mahto, resident of VillageKataki, Post- Semra Lebdaha, Police Station- Piparasi, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise and Prohibition, Government of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The Collector, West Champaran, Bettiah.

4.

The Certificate Officer, Sub-Divisional Office, Bagaha, District- West Champaran, Bettiah.

5.

The Superintendent of Excise, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Adv For the Respondent/s :

Mr.Vikash Kumar (SC11) ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 14-09-2020 Heard learned counsel for the parties.

Prayer of the petitioner in this writ application reads as follows:- "(I) For issuance of writ directing the respondents to refund back the security amount as well as advance licence fee deposited by the petitioner in view of the judgment dated 26.07.2017 pased by this Hon'ble Court in CWJC NO. 18598 of 2015 (Annexure-5 to this application).

(II) For issuance of writ directing the respondents to re-calculate the dues on the basis of the lifting quota supplied by the respondents to the petitioner's Group/shops and also to

Patna High Court CWJC No.424 of 2020 dt.14-09-2020 2/2 refund overdraft amount to the petitioner alongwith statutory interest.

(III) For issuance of writ directing the Certificate Officer, Bagaha, to not to take any coercive steps against the petitioner during the pendency of the present application." It has been submitted by learned counsel for the petitioner that the present case is covered by the judgment and order passed by a Division Bench of this Court in CWJC No. 18598 of 2014 (Upendra Kumar vs. the State of Bihar and Ors) dated 26.07.2017.

Accordingly, the writ petition is disposed of in terms of the judgment and order dated 26.07.2017 passed by a Division Bench of this Court in CWJC No. 18598 of 2014 (Upendra Kumar vs. the State of Bihar and Ors) and its other analogous cases as contained in Annexure-IV of the writ petition. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA