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2011 DIGILAW 487 (PAT)

Asha Lal Wife Of Sri Mohan Lal v. State Of Bihar

2011-03-31

GOPAL PRASAD, SHIVA KIRTI SINGH

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JUDGEMENT 1. In our order dated 25th February, 2011, the submission of learned amicus curiae was noted that under Section 31 there is provision for announcement by beat of drums at the place where excise shops are proposed to be opened. It was further noted that in view of change in the society, living habits and urbanization there are hardly any public announcements, in the city areas by beat of drums and this system has become archaic and anachronistic. 2. It was suggested by the learned amicus curiae that the authorities should either publish the proposals in the local daily or should make arrangements for proclamation through loudspeakers. 3. Learned counsel for the State was allowed time to seek instruction in respect of aforesaid suggestion. Today he has fairly informed the Court that officials of the Excise Department feel helpless because they are required to follow the provisions in the Act and any amendment is not in their hands. 4. In urban areas it is a common knowledge of all concerned that nowadays no proclamations are heard on the streets by beat of drums. Hence, in this Public Interest Litigation, we would suggest the State of Bihar to consider suitable amendments in Section 31 of the Act so as to change the mode and manner of proclamation or announcement in respect of places where excise shops are proposed to be opened. Such announcements will be effective and adequate only if they reach residents of the area otherwise after the shops are opened, only unnecessary litigations will follow. 5. For the aforesaid purpose copies of this order should be communicated to the Chief Secretary as well as to the Principal Secretary, Excise Department by the learned counsel for the State so that proper application of mind may be made by all concerned well before the financial year 2012-2013. 6. Since excise shops affect the residents nearby, their right to know about the proposal is a valuable right. Beat of drums in urban areas either does not take place or is not noticeable at all. Hence till suitable amendments are made in Section 31 of the Act, the authorities of the Excise Department are directed to supplement the announcement by beat of drums with announcement through loudspeakers in the concerned area both during morning and evening hours when the people are back in their homes from their work places. 7. Hence till suitable amendments are made in Section 31 of the Act, the authorities of the Excise Department are directed to supplement the announcement by beat of drums with announcement through loudspeakers in the concerned area both during morning and evening hours when the people are back in their homes from their work places. 7. Since the authorities of the Excise Department have already assured this Court that for the financial year 2011-2012 and for later years they will keep in mind and follow the provisions in Sections 30 to 35 of the Bihar Excise Act before permitting opening of excise shops, this writ petition, by way of Public Interest Litigation, is finally disposed of. It goes without saying that if the authorities do not follow the aforesaid assurances and directions, the affected members of the public will be free to approach this Court through appropriate proceeding. 8. We have been ably assisted in this matter by Mr. Shambhu Sharan Singh, learned amicus curiae and as a token of appreciation we direct that he should be paid an amount of Rs. 3,000/- by the Patna High Court Legal Services Committee as consolidated fees. For this purpose a copy of this order be communicated to the Secretary of the said Committee.