IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11458 of 2011 With Interlocutory Application No. 4936 of 2011. ====================================================== Chanda Rai, son of Shri Chandeshwar Prasad Yadav, resident of Mohalla – New Punaichak, P.S. Krishnapuri, District - Patna .... .... Petitioner/s Versus 1. The State of Bihar through the Secretary to the State Government cum Excise Commissioner, Bihar, Patna, 2. The Collector, Patna, 3. The Assistant Commissioner of Excise, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyabir Bharti, Advocate. For the Respondent/s : Mr. Ram Balak Mahto, A.G. & Mr. Vikas Kumar, AC to A.G. For the Intervenors : Mr. Pramod Kumar Singh, Mr. Birendra Kumar Tiwary, Mr. Deepak Kumar, Mr. Javed Aslam & Mr. Prem Sheela Pandey, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 16-08-2011 With the consent of the learned advocates, this petition is allowed. The impugned order dated 8th July 2011 commanding the writ petitioner to close the liquor shop situated at New Punaichak, Boring Canal Road, Patna is quashed and set aside. It appears that the local residents have objected to the location of the said liquor shop. It is, therefore, directed that the District Collector, Patna will hear Nitu Kumari, the applicant no. Patna High Court CWJC No.11458 of 2011 (4) dt.16-08-2011 2 / 2 2 2, in Interlocutory Application No. 4936 of 2011 and the petitioner - the licensee on 18th August 2011 between 10:00 A.M. and 12:00 Noon. The petitioner – the licensee and the complainant Nitu Kumari will remain present before the District Collector, Patna. No notice of hearing will be issued to either of them. After hearing the parties, the District Collector, Patna will make suitable order. If the order is adverse to the petitioner, he shall have liberty to challenge the same before the appropriate forum. In the event the District Collector does not grant hearing or does not make order on 18th August 2011, the petitioner will be at liberty to open the shop on 19th August 2011. Interlocutory Application No. 4936 of 2011 stands disposed of. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)