IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.16905 of 2009 ==================================================== 1. Shiv Narayan Prasad S/o Late Banarasi Sah R/o Naye Bazar, Ward No.7, P.S.- Buxar, Distt.- Buxar Versus 1. The State of Bihar through the Secretary to the State Government - cum - Excise Commissioner, Bihar, Patna 2. The Collector, Buxar 3. The Superintendent of Excise, Buxar ==================================================== Appearance : For the Petitioner: Mr. G.P. Bimal, Advocate Mr. Satyabir Bharti, Advocate For the Respondents: Mr. P.K. Shahi, A.G ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 15.11.2010 The petitioner a licensee of the country liquor shop for the years 1986-87, 1993-94, 1994-95 and 1997-98, has filed this petition under Article 226 of the constitution to recover a sum of Rs. 1,51,553/- being the amount of security money deposited by the petitioner. The writ petition is contested by the respondents. 2 The Excise Superintendent, Buxar has filed the counter affidavit. She has disputed the claim made by the petitioner. Learned Advocate Mr. G.P.Bimal appears for the petitioner. He states that in view of the disputed facts the petitioner will pursue the remedy before the Excise Commissioner. He, therefore, seeks leave to withdraw this petition. Leave is granted. It is clarified that the petitioner will be at liberty to pursue remedy before the Excise Commissioner. In the event he fails before the Excise Commissioner and any order is made adverse to the petitioner, the petitioner will be at liberty to challenge such order before the appropriate Forum. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)