IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5322 of 2010 GAYATRI KUSHWAHA W/O LATE ANIL KUMAR R/O VILLAGE - CHHOTA BARIYARPUR , P.S - CHHATUNI, DISTRICT- EAST CHAMPARAN. ………..Petitioner Versus 1. THE STATE OF BIHAR, THROUGH THE COLLECTOR, MOTIHARI, DISTRICT - EAST CHAMPARAN 2. THE STAMPING DEPUTY COLLECTOR (MUDARAK), EAST CHAMPARAN, MOTIHARI. 3. THE TREASURY OFFICER, EAST CHAMPARAN, MOTIHARI. ………..Respondents For the petitioner : Mr. Arjun Prasad Singh, Advocate. For the State : Mr. Gajendra Nath Ojha AC to GA-II ----------- 2. 23-08-2010 1. Heard learned counsel for the petitioner and the learned counsel for the State and its authorities. 2. This writ petition has been filed by the widow of the erstwhile stamp vendor, for a direction to the authorities either to allow the petitioner to continue with the business of stamp vending of her husband or the money deposited by him should be returned to her. 3. Learned counsel for the respondents submits that petitioner has filed an application (Annexure-3) before the District Magistrate, East Champaran after six months, although according to the Notification no. 677 dated 17-03-2008 issued by the Registration, Excise and Prohibition Department, Government of Bihar, such application should have been filed before the Divisional Commissioner of the area. 4. In the aforesaid facts and circumstances of the case, this writ petition is disposed of with liberty to the 2 petitioner to file an application under the aforesaid provision before the Divisional Commissioner for the relief claimed by her. If the said petition is filed within 15 days the Divisional Commissioner, Tirhut shall dispose of the application in accordance with law on its own merit within a period of three months thereafter. Sujit (S.N.Hussain, J)