IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.18791 of 2010 ==================================================== Chit Ranjan Prasad Verma son of late Gopal Sharan Verma resident of Mohalla-Shahmir Takya, P.S.-Civil Lines District-Gaya - Petitioner Versus 1. The State Of Bihar 2. The Excise Commissioner, Patna 3. The Assistant Excise Commissioner, Gaya. 4. The Collector, Gaya - Respondents ==================================================== Appearance : For the Petitioner: Mrs. Sushmita Mishra, Advocate For the Respondent: Mr. Vikas Kumar A.C. to AG ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 13.04.2011 The petitioner is a licensee for retail sale of Indian Made Foreign Liquor for the period from 1st April 2007 to 30th June 2007. Certain proceeding for forfeiture of the security deposit was initiated against the petitioner for not complying with the conditions of licence in respect of minimum business. After a couple of rounds of litigations and couple of orders of remand, by impugned order dated 10th May 2010 made by the District Collector, Gaya the petitioner has been visited with a penalty under Section 42(h) of the Bihar Excise Act, 1915.Therefore, the present petition. Learned Advocate Mr. Vikas Kumar has appeared for the respondent authorities. He concedes that the impugned order is not 2 made in accordance with law inasmuch no notice was given to show cause under Section 42(h) of the Act. In other words, the order imposing penalty has been made without affording opportunity of show cause or of hearing to the petitioner. For the aforesaid reasons the petition is allowed. The impugned order dated 10th May 2010 made by the District Collector, Gaya is quashed and set aside. Mr. Vikas Kumar assures the Court that since this order, the Collector, Gaya shall make appropriate order in accordance with law without any procedural lacuna. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)