Partly allowed

M/s Saraya Industries Ltd. v. The State Of Bihar and Ors.

Patna HC4 Feb 2013CWJC/22009/2012

Case brief

AI extract

What is this about?

The Patna High Court partially allowed the petitioner's writ petition filed under Article 226 against an order made under Section 42 of the Bihar Excise Act, 1915. The Court held that the petitioner had no fair opportunity of hearing. It directed the Commissioner of Excise to grant a hearing within one month and reconsider the order based on materials produced.

What did the court decide?

Directing the Commissioner of Excise to grant an opportunity of hearing to the petitioner within one month and to reconsider the impugned order of 16th November 2012.

M/s Saraya Industries Ltd. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22009 of 2012

¶2

====================================================== M/s Saraya Industries Ltd., a registered company incorporated under the provision of the Companies Act, 1956 having its registered office at 302, Thapar Arcade, 47, Kalu Sarai, Haus Khas, New Delhi-16 through its General Manager (Country Liquor Operation) Shri Gurmukh Singh, S/O Shri S. Sawaran Singh, R/O 959 C, Power House Road, Charfatak, Mohaddipur, P.S. Cantt., District- Gorakhpur (U.P.). .... .... Petitioner Versus 1. The State of Bihar through the Secretary Department of Excise and Prohibition, Government of Bihar, Patna. 2. The Excise Commissioner, Bihar, Patna. 3. The Collector, Saran, Chapra. 4. The Collector, Gopalganj. 5. The Collector, Muzaffarpur. 6. The Collector, Siwan . 7. The Excise Superintendent, Saran, Chapra . 8. The Excise Superintendent, Gopalganj. 9. The Excise Superintendent, Muzaffarpur . 10. The Excise Superintendent, Siwan. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Satyaveer Bharti, Advocate. For the Respondents : Mr. Lalit Kishor , AAG 1 Mr. Vikash Kumar, A.C. to AAG 1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

¶3

ORAL ORDER

¶4

(Per: HONOURABLE THE CHIEF JUSTICE)

¶5

5 04-02-2013 This petition under Article 226 of the Constitution is filed by one M/s Saraya Industries Ltd., a manufacturer of country liquor, against the order dated 16^th November 2012 made by the Excise Commissioner in exercise of power conferred under Section 42 of the Bihar Excise Act, 1915.

¶6

Learned Advocate Mr. Satyaveer Bharti has appeared for the petitioner. He has submitted that the impugned order has been made in violation of the principle of natural justice in as

¶7

Patna High Court CWJC No.22009 of 2012 (5) dt.04-02-2013

¶8

2 / 2

¶9

much as the petitioner did not have a fair opportunity of defending its case before the authority below.

¶10

It is apparent that the action has been initiated by the respondents just weeks before the expiry of the period of licence. It is evident that the petitioner did not have a fair opportunity to submit its case before the authority below.

¶11

We may further note that the licence in question has expired on 30^th November 2012 and the fresh licences have been granted. The only question is that of refund of the security deposit and the future right to participate in licence procedure.

¶12

For the sole reason that the petitioner did not have a fair opportunity of hearing before the authority below, we allow this Petition partially. The respondent Commissioner of Excise will give an opportunity of hearing to the petitioner, preferably within one month from today. The respondent no. - 2 Commissioner of Excise will, after hearing the petitioner or its representative and after considering the materials produced by the petitioner, reconsider the impugned order dated 16^th November 2012.

¶13

In the event, after reconsideration, the order is maintained by the Commissioner of Excise as a whole or in part, the petitioner will have a right to challenge the same before the appropriate forum.

¶14

The petition stands disposed of in the above terms.

¶15

(R.M. Doshit, CJ)

¶16

(Ahsanuddin Amanullah, J)

¶17

Sujit/-

M/s Saraya Industries Ltd. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

M/s Saraya Industries Ltd. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raghunandan Yadav and Ors. Vs S.D.O.Khagaria and Ors.

Tulsi Das and Ors. Vs The State Of Bihar and Ors.

Ramprit Kumar Vs The State Of Bihar and Ors.

The State Of Bihar and Ors. Vs Anil Kumar Sinha

Rameshwar Prasad Vs The State Of Bihar And Others

Shobha Devi Vs the State of Bihar and Ors.