IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14770 of 2009 1. SURENDRA PASWAN S/O LATE HARI PASWAN VILL.- RAJAULI, P.S.- RAJAULI, P.O. BAHADURPUR, DISTT.- NAWADAH Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPLE SECRETARY, DEPTT. OF EXCISE AND PROHIBITION GOVT. OF BIHAR, PATNA 2. THE EXCISE COMMISSIOER, BIHAR, PATNA 3. THE JOINT COMMISSIONER OF EXCISE BIHAR, PATNA 4. THE DEPUTY COMMISSIONER OF EXCISE, PATNA-CUM- MAGADH DIVISION PATNA 5. SUPERINTENDENT OF EXCISE, NAWADAH 6. EXCISE INSPECTOR, NAWADAH 7. SUB-INSPECTOR EXCISE, NAWADAH ----------- 4 10/12/2009 Heard learned counsel for the parties and perused the I.A. petition i.e. I.A. No. 7939 of 2009. It is now an admitted position that while a writ petition was pending the Collector of the district issued show cause notice for cancellation of the license of the petitioner in respect of liquor shop and it appears that the petitioner chose not to file any show cause due to pendency of this writ petition and the Collector has cancelled the excise license of the shop in question which according to the petitioner was wrongly sealed earlier. Now when the excise license has been cancelled, it would not be proper exercise of writ jurisdiction - 2 - to order for de-sealing of foreign liquor shop in question. Since the order of the Collector canceling excise license is appealable before the Excise Commissioner, Bihar, this writ petition is disposed of with liberty that if so advised, the petitioner may challenge the order of the Collector before the appellate authority in accordance with law. If an appeal is preferred by the petitioner, the same should be considered on its own merit but expeditiously. AMIN (Shiva Kirti Singh, ACJ) (Shyam Kishore Sharma, J.)