IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8732 of 2009 ARUN RASAINI UDYOG A PARTNERSHIP FIRM REPRESENTED THROUGH ARVIND KUMAR SON OF LATE JAGESHWAR RAM, RESIDENT OF STATION ROAD, DEHRI ON SONE, P.S. DEHRI, DISTRICT-ROHTAS………PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE EXCISE COMMISSIONER, BIHAR PATNA. 2. THE EXCISE COMMISSIONER, BIHAR, PATNA………RESPONDENTS. ----------- 2. 29-Jul-09 Heard the parties. The order of Additional Secretary to the Government of India dated 4th of July, 2008 contained as a part of Annexure-2 to this writ petition is in favour of the writ petitioner. By that order the Government of India has indicated its view that extreme step of non renewal of the license was not called for in this case. There is a further direction that the petitioner’s request for renewal of license should be considered afresh after ignoring the allegations in a show-cause notice dated 18.8.2004 and if he satisfies the conditions for renewal of license, his license should be renewed. That revisional order required the licensing authority i.e. the Excise Commissioner, Bihar to consider the case of the 2 petitioner for renewal of his license for manufacture of medicinal (Ayurvedic) drugs in accordance with law. Learned counsel for the Advocate General has referred to Annexure-10, a letter from Secretary to Excise Commissioner, Bihar, Patna dated 18.6.2009 addressed to Assistant Commissioner of Excise, Rohtas with a copy to the writ petitioner to show that petitioner’s application for renewal of license is under consideration and some directions by the concerned authority remain to be complied with by the petitioner. Learned counsel for the petitioner submits that the requirements imposed upon him by the authorities are not requirements of law for renewal of license. At this stage, this Court is not called upon to go deep into the matter because final decision by the licensing authority has yet not been taken. In the facts of the case, the writ 3 petition is disposed of with a direction to the licensing authority to take a final decision in respect of petitioner’s application for renewal of his license within a period of two months from today. If for any good reason the prayer for renewal of license is not accepted then a speaking order indicating reasons in brief should be communicated to the petitioner within the same time. It would be open for the petitioner to challenge such an order in accordance with law. perwez (Shiva Kirti Singh, ACJ.) (Anjana Prakash,J.)