IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5021 of 2006 Laxmi Narayan Ram Narayan, a registered partnership firm having its office at Hazaribagh Road, Lalpur, Ranchi through its Manager Awadhesh Narayan Sinha son of Late Jagdish Narayan Sinha ……… ……… Petitioner Versus 1. The State Of Bihar through the Secretary to the State Government cum Excise Commissioner, Bihar, Patna 2. The Excise Commissioner, Bihar, Patna 3. The Collector Jehanabad 4. The Superintendent of Excise, Jehanabad 5. Ally Food Private Limited having its registered office at 209, MIG Lohiya Nagar, Kankarbagh, Patna-20 and present address at Gaurishankar Colony, (Behind Sant Paul’s School, P.S. Alamganj, Gaighat, Gulzarbagh, District Patna …. Respondents ----------- For the Petitioner :Mr. Satyabir Bharti, Advocate For the Respondents :M/s Ram Balak Mahto, Advocate General & Vikash Kumar, A.C. to Advocate General 03/ 25.03.2011 Heard learned counsel for the petitioner and the learned Advocate General for the State. 2. Petitioner is the owner of the premises situate over Plot No. old/new 957/1427 appertaining to Khata No. old/new 211/872 in Ward No. 3 of Jehanabad town over which liquore warehouse is situate. 3. It is submitted on behalf of the petitioner that without his consent licence to operate the warehouse in the aforesaid premises was first issued in favour of Respondent no.5, who operated the warehouse in the said premises until 2009 whereafter warehouse was established 2 in the same premises by M/s Welcome Distillery Pvt. Ltd. without the consent of the petitioner. It is further submitted that in terms of the provisions of the Bihar Excise Act, 1915, the grantee of special privilege is estopped from establishing the warehouse in any premises unless the approval of the owner is obtained and conveyed to the licensor i.e. District Magistrate/ Excise Commissioner. 4. Learned Advocate General has opposited the submission. He states that from the contents of the rent agreement dated 9.7.2004, Annexure-2 itself, it will appear that the custodian of the petitioner- firm had executed rent agreement in favour of Respondent no.5 for the period 1.4.2004 till 31.3.2005 and Respondent no.5 established warehouse in the premises in question on the basis of the contents of the rent agreement, Annexure-2. 5. Counsel for the petitioner in rejoinder submitted that close perusal of the said agreement, paragraph 9 would indicate that tenant had no authority to sublet the premises and M/s Welcome Distillery Pvt. Ltd. should not have been allowed to establish the warehouse in the said premises without the consent of the petitioner. 3 6. In view of the rival contentions noted in this order, I deem it expedient to direct the petitioner to represent before the licensing authority i.e. the District Magistrate, Jehanabad, who should examine the contentions raised in these proceedings and noted in this order and pass appropriate order as early as possible, in any case within three months from the date of receipt of the representation along with a copy of this order. 7. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)