SHEKHAR SAHU Vs. STATE OF C.G

JUDGEMENT

(1.) BY this petition, the Petitioner impugns the order dated 16.10.2002 (Annexure P/16) passed by the Commissioner (Excise) Chhattisgarh, Raipur and seeks a writ of mandamus directing the Respondents to take the shop-in-dispute as surrendered w.e.f. 01.08.2002 or 26.07.2002 or 31.07.2002. The Petitioner further seeks a direction to the Respondents not to levy any penalty or recover any pre-settlement charges and refund the amount already paid by the Petitioner towards the compulsory Minimum Guarantee Quota (for short 'MGQ').

(2.) THE indisputable facts, in nutshell are that the Respondent State framed Chhattisgarh Excise Settlement of License for Retail Sale of Country/Foreign Liquor Rules, 2002, in exercise of powers vested under Section 62 read with Section 18 of the Excise Act, 1915 (hereinafter referred to as 'the Rules, 2002'). THE Rules, 2002 came into force w.e.f. 15.03.2002 on publication in the extraordinary gazette of Chhattisgarh. In accordance with the provisions of Rules, 2002, the Collector. Raipur, issued a notification dated 23.03.2002 (Annexure P/1) calling for applications from the persons interested in retail outlet of liquor shops. THE Petitioner applied for one shop of Gol Bazar group at Raipur and he was granted license by public lottery system. THE Petitioner paid a sum of Rs. 1,03,23,231/- as license fee with pre-determined minimum guarantee quota of 64,950 bulk liters of malt and 1,11,000 proof liters of spirit per month (Annexure P/2).

(3.) THE Collector (Excise) Raipur, issued a show-cause-notice dated 31.7.2002 (Annexure P/7) to the Petitioner stating that the Petitioner has failed to lift the minimum quantity of malt and spirit as per licensing conditions. THErefore, the Collector, vide order dated 06.08.2002 (Annexure P/11) having noticed that the Petitioner has failed to deposit the balance license fee, therefore, the Petitioner's license in respect of allotment of shop at Gol Bazar was cancelled in accordance with Rules 23(1)(Ch)(1)(2) and conditionNo. 8(Kha)(Ga) of F.L. license.