CIVIL WRIT JURISDICTION CASE No.3629 OF 1990
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1. Rajesh Kumar, Son of S.L. Choudhary, resident of Bangali Tola,
Laheriasarai, District-Darbhanga.
2. Arunjay Narayan Sinha, Son of Shri Raghubansh Narayan,
resident of Near-Sivajee Maidan, P.S. Daltonganj, District-
Palamu.
Both licensees of sale of foreign liquor to the trade i.e., to other
licensed dealers.............................................................Petitioners.
-Versus-
1. The State of Bihar.
2. The Member, Board of Revenue, Bihar, Patna.
3. The Commissioner of Excise, Bihar, Patna.
4. The Deputy Secretary, Board of Revenue, Bihar, Patna.
5. The Superintendent of Excise, Darbhanga.
6. The Superintendent of Excise, Palamau at Daltonganj.
..................Respondents.
-With-
CIVIL WRIT JURISDICTION CASE NO. 3656 OF 1990
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1. Chandra Shekhar Prasad, Son of Shree J.P. Chourisa, resident of
Joridih-Beror, P.S.Barma, District-Giridih, Licensee for sale of
Foreign Liquor to the Trade i.e., to other Licensed dealers,
Phusro, P.S. Barmo, District-Giridih.
2. Dip Narayan Gupta, Son of Late Shukhnandan Sah, Licensees
for sale of Foreign Liquor to the Trade i.e. to other licensed
dealers, Driver Tota(Ghospara), P.S. Katihar, District- Katihar.
.....Petitioners.
-Versus-
1. The State of Bihar.
2. The Member, Board of Revenue, Bihar, Patna.
3. The Commissioner of Excise, Bihar, Patna.
4. The Deputy Secretary, Board of Revenue, Bihar, Patna.
5. The Superintendent of Excise,Katihar.
6. The Assistant Commissioner, Giridih.
........Respondents.
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For the Petitioners: Mr. G.P. Bimal, Senior Advocate.(In both the
cases)
For the Respondents: Mr. Anil Kumar Jha, Senior Advocate and
Mr. Gajindra Nath Ojha, A.C. to G.A. 2.( In
both the cases).
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PRESENT
THE HON'BLE MR. JUSTICE NAVIN SINHA
THE HON'BLE MR. JUSTICE DINESH KUMAR SINGH
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Navin Sinha & Heard learned counsel for the
D.K.Singh,JJ.
petitioners and the State in both the writ
2
petitions.
Learned counsels for both sides are not
at issue that the matter stand concluded by
the judgment of this Court passed in
C.W.J.C.No. 3631 of 1990 and analogous cases
disposed off by a Division Bench on
26.03.2004.
In view of the finding arrived at in
the aforesaid judgment after discussion, the
present writ petitions are disposed off in
similar terms holding that the petitioners
are liable to pay the enhanced licence fee
with effect from 01.06.1990 for the licence
period 1990-91.
Any enhanced licence fee paid by them
for the licence period prior to 01.06.1990
shall be refunded to them within two months
from the date of receipt/production of a copy
of the judgment.
The writ petitions stand disposed off
in similar terms as in C.W.J.C.NO. 3631 of
1990 and analogous cases.
Patna High Court. (Navin Sinha,J)
Dated 04th May, 2010.
N.A.F.R./U.K.
(Dinesh Kumar Singh,J)