SATPAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE aforesaid two (writ petitions are being disposed of by this common order as the issue raised in the two writ petitions are more or less common, based on similar factual backdrop of events relating to grant of liquor licence and recovery from the petitioners in two Writ petitions.

(2.) WRIT petitioner- Satpal Singh in W.P. No. 1206/03 as well as writ petitioner- Guru Bakshish Singh in W.P No.1207/03 both had applied for grant of liquor licence in response to invitation by the State Agency in the matter of allotment of country liquor and foreign liquor shops in the State.

(3.) WRIT petitioner Guru Bakshish Singh in W.P. No.1207/03, finding it difficult to pay licence fee and lift minimum guarantee quota as per the terms and conditions, on account of prevailing conditions in the market, gave a written notice dated 1.6.2002 (Annexure P- 3) for surrendering all the three shops, one foreign liquor and two country liquor shops of Saraipali group of shops allotted to him. A notice dated 27.6.2002 (Annexure P-5) was issued, stating that the petitioner has 'failed to lift minimum guarantee quota as prescribed under the licence in respect of one foreign liquor shops and two country liquor shops and is therefore liable for payment of penalty of Rs. 7,56,030/-. The petitioner submitted a representation on 3.7.2002 (Annexure P-6), stating that he is suffering losses and he has already submitted a notice of surrender of shops vide his notice dated 30th June, 2002 and therefore not liable for any other payment. Another notice dated 4.7.2002 (Annexure P-7) was issued, stating that the petitioner was required to deposit an amount of Rs.7,56,030/- as penalty and if the amount is not deposited within 7 days, his licence shall be treated as cancelled. Finally, vide order dated 7.7.2002 (Annexure P-4), the licence of the petitioner in respect of the 3 shops in Saraipali group No.14 was cancelled on account of his failure to deposit security of Rs.3,93,396/- in respect of liquor shops and the petitioner was further required to deposit an amount of Rs.37,568/-. Vide notice dated 16.3.2003 (Annexure P - 9), demand of Rs.14,47,323/- was raised on the statement that upon resettlement, the State suffered loss of Rs.18,03,151. It was followed by a revenue recovery notice Annexure P -10) issued by the Addl. Tahsildar (Excise) Mahasamund, by which a total amount of Rs. 14,47,325 is stated as being recoverable as arrears of revenue.