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1983 Supreme(Pat) 75

S.K.JHA, B.S.SINHA, A.K.SINHA
Ramnandan Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioners: Messrs Balbhadra Prasad Singh, Shree Nath Singh, Ganga Prasad Bimal and Radhey Shyam.
For the respondents: Mr. C.K. Sinha (Government Pleader) with Messrs Shivanand Prasad Sinha and Triyogi Narain Pandey, Mr. Ajai Kumar Sinha and Mr. Ravi Shankar Prilsad (J.C. to G.P. IV)

JUDGMENT :

Brishketu Saran Sinha, J.

By an ORDER :dated 21st December, 1982, a Bench of this Court observed that this case be heard by a larger Bench and that is how it has come before us.

2. The prayer, in this application, is to quash Annexures 1', 2' and 3', appended to it. Annexure 1' is an ORDER :dated 5th April, 1982, passed by the Collector of Rohtas, respondent no. 4, cancelling the licence of the petitioners of a Country spirit shop. Annexure 2' is an ORDER :, dated 18th May, 1982, passed by the Commissioner of Excise, respondent no. 3, in appeal, affirming the ORDER :of the Collector and Annexure 3' is a resolution of the Member, Board of Revenue, respondent no. 2, dated 30th July, 1982, passed in revision, upholding the ORDER :of the Commissioner of Excise.

3. The three petitioners are joint licensee in respect of a country spirit shop for ratail vend within the area specified in respect of Dehri No.2 country spirit shop. They were granted a licence by the Collector of Rohtas for one year beginning from 1st April, 1981 to 31st March, 1982. On 17th March, 1982, the Deputy Commissioner of Excise, respondent no. 5, visited the aforesaid country spirit shop at Dehri. He noticed






















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