IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4650 of 2017 ====================================================== 1. Rabi Krishna Prasad Son of Late Alakh Narayan Prasad, Resident of Jeetu Sah Lane, P.S.- Gandhi Maidan, District- Patna. 2. Sanjay Gandhi, Son of Sri Shayam Lal Gandhi, Resident of Mohalla- Bandar Bageecha, Pala Newas, P.S.- Kotwali, District- Patna. 3. Jewash Kumar, Son of Sri Ram Sharan Prasad, Resident of Mohalla- New Yarpur, D.V.C. Road, P.S.- Gardanibagh, District- Patna. 4. Kapil Dev Singh, Son of Sri Julan Yadav, Resident of Mohalla- Mundar Sah Colony, Phase-II, Akashwani Road, P.S.- Shastri Nagar, District- Patna. 5. Suresh Kumar, Son of Sri Sukhdeo Rai, Resident of Mohalla- Khajpura, P.S.- Hawai Adda, District- Patna. 6. Lakchaman Singh, Son of Late Lal Bahadur Singh, Resident of Mohalla- Aadarsh Colony Saguna More, P.S.- Danapur, District- Patna. 7. Rajesh Kumar, Son of Sri Sukhdeo Rai, Resident of Mohalla- Khajpura, P.S.- Hawai Adda, District- Patna. 8. Ajay Prasad Gupta, Son of Sri Lallan Prasad Gupta, Resident of Mohalla- Ashok Nagar, Road No.-1, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Secretary, Excise and Prohibition Department, Government of Bihar, Patna. 2. The Chief Secretary, Government of Bihar, Patna. 3. The Member, Board of Revenue, Government of Bihar, Department of Revenue and Land Reforms, Patna. 4. The Excise Commissioner, Bihar, Patna. 5. The Assistant Excise Commissioner, Bihar, Patna. 6. The Bihar State Beverage Corporation Limited, A Government of bihar Undertaking, having its registered Office at Eastern Wing, 1st Floor, Vidyut Bhawan-II, Jawahar Lal Nehru Marg, Patna-800001. 7. The General Manager Operation-1, The Bihar State Beverage Corporation Limited, having its registered Office at Eastern Wing, 1st Floor, Vidyut Bhawan-II, Jawahar Lal Nehru Marg, Patna-800001. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 2685 of 2017 ====================================================== 1. Jitendra Kumar Son of Chandshekhar Singh, Resident of Mohalla-South Chitragupta Nagar, Near Budha Dental College, P.S.-Kankarbagh, District- Patna. 2. Randhir Kumar Son of Sri Shivram Prasad Singh, Resident of Village- Patna High Court CWJC No.4650 of 2017(4) dt.24-01-2025 2/4 Nirpur, P.S.-Bind, District-Nalanda. 3. Bhupesh Kishore Sharma Son of Late Danesh Kishore Sharma, Resident of Mohalla-Arya Kumar Road, P.S.-Kadamkuan, District-patna. 4. Arun Kumar Son of Late Binay Kumar, Resident of Mohalla-B-62, Housing colony, P.S.-kankarbagh, District-patna. 5. Birendra Kumar Rai Son of Sri Setab Lal Rai, Resident of Mohalla- East Nandgola, P.S.-Malsalami, District-Patna. 6. Ganesh Gope Son of Late Ram Gope, Resident of Mohalla-Bare Pattan Devi, P.S.-Alamganj, District-Patna 7. Sanjay Kumar Son of Late Ram Swaroop Yadav, Resident of mohalla-Goria Tole, Station Road, P.S.-Kotwali, District-patna. 8. Hanshraj Singh Son of Sri Nandan Singh, Resident of Mohalla-Jaiwer, P.S.- Gaurichak, District-Patna. 9. Dhananjay Kumar Son of Sri Nandan Singh, Resident of Mohalla-Jaiwer, P.S.-Gaurichak, District-Patna. 10. Aditya Yogesh Son of Sri Ram Ishwar Prasad, Resident of Mohalla-6D, Gardanibagh, P.S.-Gardanibagh, District-patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Secretary, Excise and Prohibition Department, Government of Bihar, Patna. 2. THe Chief Secretary, Government of BIhar, Patna. 3. The Member, Board of Revenue, Government of BIhar, Department of Revenue and Land Reforms, Patna. 4. The Excise Commissioner, Bihar, Patna. 5. The Assistant Excise Commissioner, Bihar, Patna. 6. The Bihar State Beverage Corporation Limited, A Government of Bihar Undertaking, having its registered Office at Eastern Wing, 1st Floor, Vidyut Bhawan-II, Jawahar Lal Nehru Marg, Patna-800001. 7. The General Manager Operation-1, The Bihar State Beverage Corporation Limited, having its registered Office at Eastern Wing, 1st Floor, Vidyut Bhawan-II, Jawahar Lal Nehru Marg, Patna-800001. ... ... Respondent/s ====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 4650 of 2017) For the Petitioner/s : Mr. Shaishav Kumar, Advocate. : Mr. Rajiv Prashant, Advocate. For the Respondent/s : Mr. Lalit Kishore, Sr. Advocate. : Mr. Ayush Kumar, Advocate. (In Civil Writ Jurisdiction Case No. 2685 of 2017) For the Petitioner/s : Mr. Shaishav Kumar, Advocate. : Mr. Rajiv Prashant, Advocate. For the Respondent/s : Mr. Lalit Kishore, Sr. Advocate. : Mr. Ayush Kumar, Advocate. Patna High Court CWJC No.4650 of 2017(4) dt.24-01-2025 3/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 4 24-01-2025 1. In the instant petition petitioners have prayed for the following relief(s):- I) For directing the respondent no.4 to dispose of the representations filed by the petitioners as contained in Annexure-2 Series of the writ application by which they have requested him to refund the license fee at the rate of Rs.10 per bulk liter (BL) on the total MGQ of beer of the retail shop which was payable by the retail licensee and additional license fee at the rate of Rs.3 per LPL on the Indian made foreign liquor for the license year of 2013-14, for the period of 1st April 2013 to 16th April 2013. II) For directing the respondent no.4 to refund the amount paid by the petitioners as additional fee at the rate of Rs.10 per bulk liter (BL) on the total MGQ of beer of the retail shop which was payable by the retail licensee and additional licensee fee at the rate of Rs.3 per LPL on the Indian made foreign liquor for the license year of 2013-14, for the period of 1st April 2013 to 16th April 2013. 2. Short question for consideration in the present lis is whether petitioners’ representations dated 11.08.2016 & 09.08.2016 respectively are required to be considered by the 4th respondent or not. The present petitions are pending consideration for the last about 8 years. Respondents have filed Patna High Court CWJC No.4650 of 2017(4) dt.24-01-2025 4/4 counter affidavit insofar as consideration of petitioners’ representations, either accepting or rejecting is concerned it is silent. In other words as on this day the concerned respondent has not taken any decision on the petitioners’ representations. Therefore, the 4th respondent is hereby directed to decide the petitioners’ representations dated 11.08.2016 & 09.08.2016 respectively within a period of six weeks from the date of receipt of this order, failing which petitioners are entitled to litigation cost and it is quantified at Rs.10,000/-. 3. With the above observation, the present writ petitions stand disposed of. Ritik/- (P. B. Bajanthri, J) (Sunil Dutta Mishra, J) U