IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO. 9902 of 2010 With INTERLOCUTORY APPLICATION NO. 5755 of 2010 In CIVIL WRIT JURISDICTION CASE NO.9902 of 2010 ======================================= KRISHNA SAH, S/O RAM EKBAL SAH, MOH.- SAKALA BAZAR, P.S. KARAKAT (COMP. GODARI), DISTRICT- ROHTAS. Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY TO THE STATE OF BIHAR-CUM- EXCISE COMMISSIONER, BIHAR, PATNA. 2. THE COMMISSIONER OF EXCISE, BIHAR, PATNA. 3. THE COLLECTOR, PATNA. 4. THE ASSISTANT COMMISSIONER OF EXCISE, PATNA. Appearance====================================== MR. JITENDRA SINGH with MR. RAJIV PROSHANT for the Petitioner MR. VIKAS KUMAR for the State. ============================================ CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S.K. KATRIAR Date: 07.07.2010 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) ORDER IN CIVIL WRIT JURISDICTION CASE: Heard learned Advocate Mr. Jitendra Singh appearing for the petitioner and learned Government Advocate Mr. Vikas Kumar 2 appearing for the respondent authorities. The writ petitioner is a licence-holder for sale and consumption of country liquor. Feeling aggrieved by the order dated 6th of May 2010 made by the Collector, Patna directing the writ petitioner to shift his shop from the place in question the petitioner has preferred the present petition under Article 226 of the Constitution. The learned Advocate Mr. Jitendra Singh admits at the outset that the petitioner does have an alternative statutory remedy against the impugned order. However, as the impugned order is made in violation of the principles of Natural Justice, the petitioner has approached this Court under Article 226 of the Constitution. The order is self explanatory. It does not require formal denial that it is made without following the principles of Natural Justice. The learned Advocate also agrees that if it is a question of religious sentiments, the petitioner may apply for off licence to continue the shop on the place in question for sale of the liquor. In view of the above facts we allow this writ petition to the following extent. The petitioner may, within three days from today, make application to the Collector, Patna to allow him to continue the shop on the place under an off licence. The Collector, Patna will, within ten days from the date of the receipt of the application, 3 consider and decide the same by a reasoned order. The impugned order dated 6th of May, 2010 will not be implemented till the District Collector makes the order, the order of the District Collector is communicated to the petitioner and for five days thereafter. ORDER IN INTERLOCUTORY APPLICATION: Interlocutory Application No.5755 of 2010 stands dismissed. (R.M. Doshit, C.J.) (S.K. Katriar, J.) S.K.Pathak/