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Kunwar Jai Singh vs State of Bihar

Patna High Court · Decided on 9 March 2015 · Citation: (2015) 2 BBCJ 223

HON’BLE JUDGES
L. Narasimha Reddy, CJ. and Vikash Jain, J.
RESULT
Disposed Off
CASE NUMBER
Civil Writ Jurisdiction Case No. 14287 of 2014
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Judgment

7 paragraphs · 230 words

L. Narasimha Reddy, C.J. (Oral) - The petitioner objected to the establishment of a wine shop by one Smt. Babita Devi at Jagdishpur of Ara District in the financial year 2014-2015. It is stated that the shop is within the prohibited distance from the place of worship named as Shaheed Baba Mazar and Vishwakarma Temple.

2.

Even before the writ petition was formally posted before us, the authorities of the Excise Department, Ara, filed a counter affidavit. According to them, proper verification was made before the licence was granted to Smt. Babita Devi and that no reports of any anti-social activities have been brought to their notice. The petitioner filed reply to it.

3.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

4.

The petition suffers from a serious infirmity, namely, that the person who established the shop is not made a party. Secondly, the period for which the licence was granted has almost come to an end.

5.

Be that as it may, we dispose of the writ petition leaving it open to the petitioner to submit representation to the authorities of the Excise Department in the context of granting/renewing licence for the financial year 2015-2016. The same shall be taken into account before the licence is granted/renewed.

6.

Interlocutory application, if any, stands disposed of.

7.

There shall be no order as to costs.