Patna High Court

Kanhaiya Prasad GuptaversusThe State of Bihar

Decided: 23 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH RAMESH CHAND MALVIYA

Holding

The petition is disposed as there is no longer any lis for adjudication.

Summary

Petitioner Kanhaiya Prasad Gupta filed a writ petition challenging the sealing of his shop by the Excise Department of Bihar. The petition alleged that the shop had been sealed by the authorities. While the petition was pending, the shop was subsequently de‑sealed. Both parties submitted that, in view of the de‑sealing, no substantive issue (lis) remained for adjudication. The Court examined whether the writ petition could continue in the absence of a live dispute. Finding that the relief sought could no longer be granted, the Court ordered the petition to be disposed. No further directions were issued.

Issues considered

Whether the writ petition remains maintainable after the shop has been de‑sealed
Whether any relief can be granted in the absence of a live dispute (lis)

Subjects

writ petition
lis
de‑sealing
maintainability
civil procedure
excise department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.14809 of 2025
                 ======================================================
                 Kanhaiya Prasad Gupta, Male, Bhagwan Das Gupta resident of Village
                 Shivpuri, Ward No.16 P.O and P.S. Kawaiya, District Lakhisarai.


                                                                            ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar through Principal Secretary Excise Department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary Excise Department, State of Bihar, New Secretariat,
                 Patna.
           3.    The Commissioner Excise Prohibition and Registrar, Department, Govt. of
                 Bihar.
           4.    The District Magistrate, Lakhisarai.
           5.    The Superintendent of Police, Lakhisarai.
           6.    The S.H.O Lakhisarai Police Station (Kawaiya) Lakhisarai, District
                 Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s   :      Mr. Shailesh Kumar Singh, Advocate
                 For the Respondent/s   :      Ms. Divya Verma, AC to AAG 3

                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                      HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

                     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

5   23-03-2026                  The learned counsel for the petitioner as also the

                   learned counsel appearing for the respondents jointly submit

                   that now since the shop of the petitioner in question has been

                   de-sealed, no lis survives for adjudication.

                                2. Accordingly, the learned counsel for the petitioner
          Patna High Court CWJC No.14809 of 2025(5) dt.23-03-2026
                                                     2/2




                    submits that the present writ petition be disposed of. Hence, the

                    present writ petition stands disposed of.



                                                                (Mohit Kumar Shah, J)


                                                             (Ramesh Chand Malviya, J)
GAURAV S./-
U

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