IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3872 of 2010 1. SPICY BEVERAGE PVT. LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT KARMALICHAK, P.O. BEGAMPUR, P.S. PATNA CITY, DISTT. PATNA THROUGH ITS DIRECTOR KAMLESH KUMAR SINHA, S/O SHRI LAKSHAMI NARAIN SINHA, R/O MOHALLA- SALIMPUR AHRA, KADAMKUAN, P.S. GANDHI MAIDAN, DISTT.- PATNA----petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF EXCISE, BIHAR, PATNA 2. THE EXCISE COMMISSIONER BIHAR, PATNA 3. THE COLLECTOR, KAIMUR, BHABHUA 4. THE SUPERINTENDENT OF EXCISE KAIMUR, BHABHUA-------Respondents. ----------- 2 09-03-2010 Though this matter was listed for admission, yet on consent of learned counsel for the parties it is finally heard. We have heard Mr. Satyabir Bharti, learned counsel for the petitioner and Mr. Vikash Kumar, learned counsel for the State. The only grievance that has been agitated for scrutinizing the order passed by the Commissioner of Excise on 18.2.2010 as contained in Annexure-8 is that 2 liability has been fixed on the petitioner but he was not afforded an opportunity of hearing. A categorical stand has been taken in the writ petition that the petitioner was not afforded an opportunity of hearing. On a scrutiny of the order passed by the Commissioner of Excise it is quite vivid that the petitioner was not heard. It is well settled in law, once adverse civil consequences are visited to someone, an opportunity of hearing is to be afforded to him. As the petitioner has not been heard and an adverse order has been passed against him vide Annexure-8, the said order deserves to be quashed and, accordingly, we so direct. Needless to say that the Commissioner Excise is at liberty to proceed against the petitioner in accordance with law. Writ petition is allowed to the extent indicated above. There shall be no order as to costs. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)