Patna High Court
Vishwanath Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The writ petition is dismissed as the petitioner must first pursue the statutory appeal.
Summary
Vishwanath Prasad Singh filed a writ petition in the Patna High Court challenging an order of the Inspector General, Registration, Prohibition Excise and Registration Department. The State argued that the petitioner had an alternative statutory remedy – an appeal before the Additional Chief Secretary, Department of Excise and Prohibition – which he had not pursued. The Court examined whether the High Court could entertain the writ petition when a specific statutory appeal was available. Relying on the principle that a statutory remedy must be exhausted before approaching the court, the Court held that the petitioner should first use the prescribed appeal. Consequently, the writ petition was dismissed, but the petitioner was given liberty to approach the statutory forum.
Issues considered
- Whether the petitioner must first avail the statutory appeal before filing a writ petition challenging the order of the I.G. Registration.
- Whether the High Court has jurisdiction to entertain the writ petition in view of the existence of an alternative statutory remedy.
Subjects
- writ jurisdiction
- alternative remedy
- statutory appeal
- exhaustion of remedies
- high court jurisdiction
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6350 of 2023
======================================================
Vishwanath Prasad Singh S/o Ram Pravesh Singh Resident of Village-
Rupash, Tola Babu Chedi Singh, P.S.- Athmalgola, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Prohibition Excise and Registration Department,
Govt. of Bihar.
3. The Inspector General, Registration Prohibition Excise and Registration
Department, (Registration), Govt. of Bihar.
4. The Joint Secretary -cum- Conducting Officer, Prohibition Excise and
Registration Department, Govt. of Bihar.
5. The Assistant Inspector General, Registration, Prohibition Excise and
Registration Department, Govt. of Bihar.
6. The District Sub Registrar- cum- Representing Officer, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Md. Jubair Ansari, Advocate
For the Respondent/s : Mr.Vikash Kumar, SC-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 13-02-2026 Heard the parties.
2. At the outset, the learned counsel for the State
submits that the petitioner has got an alternative remedy of
filing statutory appeal before the Additional Chief Secretary,
Department of Excise and Prohibition, Government of Bihar,
Patna by filing an appeal which the petitioner has not availed
and has directly approached before this Court by filing the
present writ petition by assailing the order passed by the I.G.
Registration, Prohibition Excise and Registration Department,
Patna High Court CWJC No.6350 of 2023(3) dt.13-02-2026
2/2
Government of Bihar, Patna.
3. Accordingly, the present writ petition is dismissed
with a liberty to the petitioner to take recourse to the remedy
available under law.
(Ritesh Kumar, J)
AjayMishra/-
U
Checking your session…