IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14806 of 2011 ====================================================== M/S Saraya Industries Ltd., a registered company incorporated under the provision of the Companies Act, 1956 having its registered office at 302, Thapar Arcade, 47 Kalu Sarai, Haus Khas, New Delhi -16, through its Director Shri Harvinder Singh Ahuja, S/o Shri Jeet Singh Ahuja, R/O Badi Kothi Complex, Sardar Nagar, Gorakhpur, U.P. .... .... Petitioner/s Versus 1. The State of Bihar through the Secretary-Cum-Commissioner Department of Excise and Prohibition, Government of Bihar, Patna 2. The Collector, Saran, Chapra 3. The Excise Superintendent, Saran, Chapra . .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Y.V.Giri, Senior Advocate with Mr. Satbir Bharti Mr. Ashish Giri Advocates. For the Respondent/s : Mr. Vikas Kumar, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 14-09-2011 The petitioner, a manufacturer of country liquor has filed this petition under Article 226 of the Constitution to recover duly verified passes bearing nos. 168 dated 30th May 2011, 169 dated 6th June 2011, 204 dated 8th June 2011, 218 dated 14th June 2011, 232 dated 17th June 2011, 247 dated 22nd June 2011, 273 dated 6th July 2011 and 281 dated 8th July 2011 for delivery of consignment of rectified spirit at the warehouse. Learned Advocate Mr. Vikas Kumar has appeared for the respondents. He has submitted that the warehouse in question Patna High Court CWJC No.14806 of 2011 (4) dt.14-09-2011 2 / 2 2 is sealed on account of certain pending criminal complaint made against the petitioner and pursuant to the suspension of licence. He has submitted that the respondent authorities have no objection if the above referred passes are handed over to the petitioner if they are verified and are lying in the warehouse as alleged. In view of the above submission made by Mr. Vikas Kumar, we allow this petition. The concerned warehouse will be opened tomorrow the 15th September 2011 between 11:00 A.M. to 2:00 P.M. in presence of the respondent no. 2 or his representative; the representative of the petitioner; the representative of the respondent no. 3; and the investigating officer in the matter of Rasulpur Sadar P.S.Case No. 77 of 2011 dated 14th July 2011 or the representative of the said investigating officer. The above referred duly verified passes, if are lying in the warehouse as alleged, may be handed over to the representative of the petitioner. Such representative will issue receipt for such passes in triplicate; one to be retained by the investigating officer; one to be retained by the Collector, Saran, Chapra and one to be retained by the respondent no. 3. The petition stands disposed of in above terms. The parties will bear their own cost. Copy of the order be given to the learned advocates. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)