IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13096 of 2009 RAM SEWAK SON OF LATE PRABHU NARAIN RESIDENT OF GORIA TOLI,P.S.KOTWALI,DISTRICT PATNA ---- PETITIONER Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF EXCISE AND PROHIBITION, BIHAR PATNA 2.THE EXCISE COMMISSIONER, BIHAR, PATNA 3.THE COLLECTOR, PATNA 4.THE ASSISTANT COMMISSIONER OF EXCISE,PATNA ----RESPONDENTS FOR THE PETITIONER : MR. SATYABIR BHARTI FOR THE RESPONDENTS: MR. A.C.TO A.G. ------ 2/ 08.10.2009 Heard learned counsel for the parties. On going through the impugned order dated 14.09.2009 passed by the Collector, Patna in Excise Case No. 1/2009-10, we find that in effect the Collector has confirmed the order of suspension of petitioner’s excise licence ordered by the Collector on 2.9.2009 and we are in agreement with the view expressed by the learned counsel for the State that this order is appealable under Section 8 of the Bihar Excise Act. In that view of the matter, the writ petition is dismissed but it will be open to the writ petitioner to take recourse to the forum of appeal. We make it clear that we have not applied our mind on merits, the same shall be considered by the appellate authority in accordance with law at an early 2 2 date preferably within two weeks from filing of the appeal. (Shiva Kirti Singh, ACJ.) Tahir/- (Shyam Kishore Sharma, J.)