IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17930 of 2009 1. SUNIL KUMAR S/O AMAR SINGH, R/O MAKHANPUR CHALLY TARH, P.S- ALAMGANJ, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE EXCISE COMMISSIONER, BIHAR, PATNA 2. THE ASSISTANT EXCISE COMMISSIONER, PATNA 3. THE COLLECTOR, PATNA 4. RAJESH KUMAR S/O SUKHDEO RAI R/O MOH- VETENARY COLLEGE, PATNA, P.S- HAWAI ADDA, DISTT- PATNA ----------- For the petitioner : Mr. Dhananjay Kumar For the State : Mr. Vikas Kumar,A.C. to Advocate General ---- 2. 22.12.2009. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner claims to be the owner of some land near Bigrahpur Mithapur Bus Stand in the town of Patna. His grievance is that the excise department has permitted the licensee of foreign liquor Shop No.13 to run a shop from the land of the petitioner without proper verification. According to averments made in para 16, last year the same mistake was committed by the excise authorities while permitting one Raju Yadav to run his liquor shop from the land of petitioner and for that C.W.J.C.No.1408 of 2008 filed by petitioner is pending before this Court. According to learned counsel for the petitioner, the necessity of a fresh writ petition 2 has arisen because now the license has been issued not in the name of Raju Yadav but in the name of another person Rejesh Kumar respondent no.4. In our view, the writ petition has been preferred with a view to obtain some benefits from respondent no.4. If the petitioner as owner parted with possession over part of his land for construction and running of a wine shop, he has to approach Civil Court if he wants to get his possession or title declared. If there is no dispute about the title and possession of the land, then it will be presumed that he permitted the licensee to take possession of the shop for business and in that situation, he can not be permitted to maintain a writ petition only for pointing out some lapses of excise officials. We find no merit in the writ petition and it is accordingly dismissed. ahk (Shiva Kirti Singh, ACJ) (Jyoti Saran,J.) 3