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Patna High Court

M/s Ally Foods Pvt. Ltd.versusThe State of Bihar through the Secretary, Excise and Prohibition

Decided
Disposal
DISPOSED

Holding

The court allowed the restoration application and restored the writ case to its original file.

Summary

M/s Ally Foods Pvt. Ltd. filed a petition seeking restoration of its earlier civil writ jurisdiction case (CWJC No. 12162 of 2017) which had been pending before the Patna High Court. The respondents were various officials of the Excise and Prohibition Department of the State of Bihar. The court examined the restoration application and, relying on the reasons set out in paragraph 5 of the application, allowed it. Consequently, the earlier writ case was restored to its original file for further adjudication. The order was delivered by a bench of Justices Rajiv Roy and Alok Kumar Sinha.

Issues considered

  • Whether the civil writ jurisdiction case CWJC No. 12162 of 2017 should be restored to its original file upon the petitioner's application

Subjects

  • restoration
  • civil writ jurisdiction
  • high court
  • excise law
  • petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.1913 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.12162 of 2017


                 M/s Ally Foods Pvt. Ltd. a Company incorporated under the Companies Act,
                 1956 having its registered office at Gauri Shankar Colony, Gaighat,
                 Gulzarbagh, Patna- 800007 through its Director Sanjay Kumar Gautam Son
                 of Late Ram Nagina Dwivedi resident of Ansiabad, P.S. Gardanibagh,
                 District- Patna.

                                                                                ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Secretary, Excise and Prohibition

                 Government of Bihar, Patna.
           2.    The Principal Secretary, Excise and Prohibition, Government of Bihar,

                 Patna.
           3.    The Excise Commissioner, Excise and Prohibition, Government of Bihar,

                 Patna.
           4.    The Collector, Darbhanga.
           5.    The Excise Superintendent, Darbhanga.
           6.    The Deputy Secretary, Excise and Prohibition, Govt. of Patna, Bihar, Patna

                 Bihar, Patna


                                                                         ... ... Opposite Party/s


                 Appearance :
                 For the Petitioner/s     :     Mr.Tej Pratap Singh, Advocate
                 For the Opposite Party/s :     Mr. Government Advocate 9

                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                       and
                       HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                    ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA)

3   18-03-2026                        Heard the parties.

                                  2. For the reasons assigned in paragraph no.5 of the
       Patna High Court MJC No.1913 of 2025(3) dt.18-03-2026
                                                   2/2




                 restoration application, it is allowed and CWJC No. 12162 of

                 2017 is restored to its original file.


                                               (Rajiv Roy, J)


                                          ( Alok Kumar Sinha, J)

HR/-

U


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