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2015 Supreme(Pat) 657

L.NARASIMHA REDDY, VIKASH JAIN
Kunwar Jai Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Bibhakar Tiwary.
For the Respondents: M/s Ashok Kumar Choudhary, Shailendra Kumar Jha.

L. NARASIMHA REDDY, CJ.:—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 ta



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