Disposed

Phulkunwar Yadav v. The State of Bihar

Patna HC15 Sept 2020CWJC/5391/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking adjustment of a security deposit against license fee dues. The Court did not decide the merits but directed the respondents to expedite the certificate proceedings, which pertain to the year 2014-15, and must be positively decided within three months from the date of order.

What did the court decide?

Direction to expedite certificate proceedings to be decided within three months and petitioner to appear before Certificate Officer on 30.09.2020.

Phulkunwar Yadav Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5391 of 2020

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Phulkunwar Yadav, Son of Ramavtar Yadav, Resident of Village- Deendyal Nagar, P.O. and P.S.- Bagaha, District- West Champaran.

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... ... Petitioner/s

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Versus

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

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The Excise Commissioner Bihar, Patna.

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The Collector West Champaran, Bettiah.

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The Superintendent of Excise West Champaran, Bettiah.

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The Certificate Officer West Champaran, Bettiah.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate For the Respondent/s : Mr.Vivek Prasad, GP-7

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 15-09-2020

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Petitioner has prayed for the following relief(s):

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“i. For issuance writ/writs, order/orders, and direction to hold and declare that the security deposit being an amount deposited assuring due compensation in case of default of payment, the security deposit furnished by the petitioner against Settlement of Group No. 53, retail liquor shop in the District of West Champaran, Bettiah for the year 2014-15 is liable to be adjusted against the outstanding dues of license fee.

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ii. For issuance of writ/writs, order/orders for commanding and directing the respondent authorities

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Patna High Court CWJC No.5391 of 2020 dt.15-09-2020 2/3

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to adjust the security deposit of Rs. 5,24,456/(including interest) against the outstanding dues of license fee against the Group. No. 53 retail liquor shop settled with the petitioner for the year 2014-15. iii. For directing the respondents not to take any coercive measure without adjusting the amount of security from the licence fee and not to proceed with certificate case no. 25/2015-16.

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iv. For issuance of any writ/writs, order/orders, direction/directions as your Lordships may deem fit and proper in the facts and circumstances of the case.”

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It is the petitioner’s case that the respondent authorities have failed to adjust an amount of Rs. 5,24,456/pertaining to the security deposit.

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Sri Vivek Prasad, Learned G.P. 7, appearing for the State, states that all the amount due and payable/reimbursable to the petitioner shall be adjusted but such fact has to be determined in the certificate proceedings wherein the petitioner can raise all pleas in his objection petition.

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Learned counsel for the petitioner seeks to reply upon the decision rendered in (2008) 14 SCC 85, titled as V.K.Ashokan vs. Assistant Excise Commissioner as also in CWJC No. 18598 of 2015, titled as Upendra Kumar Vs. The State of Bihar & Ors. and analogous cases decided on

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Patna High Court CWJC No.5391 of 2020 dt.15-09-2020 3/3

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01.08.2017.

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The petition stands disposed of in the following terms:

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(a) hearing of the certificate proceedings is expedited;

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(b) petitioner undertakes to fully co-operate in the proceedings and not to take any unnecessary adjournment;

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(c) we notice that the proceedings pertains to the year 2014-15, hence be positively decided within a period of three months;

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(d) we direct the petitioner to make himself available either in person or through virtual mode before the Certificate Officer on 30.09.2020 at 10:30 A.M.;

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(e) as agreed, learned counsel for the petitioner undertakes to supply the particulars of his E-mail I.D. and phone number to Sri Vivek Prasad, learned counsel for the State, who shall ensure that link of the proceeding is sent to learned counsel for the petitioner.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Sujit/-

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Phulkunwar Yadav v. The State of Bihar

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Phulkunwar Yadav v. The State of Bihar

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