TUFANI RAJENDRA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of the present writ petition, the petitioners the challenged the order dated 31.3.2005 passed by the Collector, Azamgarh, revisional order dated 11.4.05 passed by the State of U.P. through its Principal Secretary, Excise Department and the order dated 26.4.2005 passed by the Additional Excise Commissioner (licensing).

(2.) The petitioners, eight in number, were granted licenses to vend the country liquor in respect of the shops namely Husainabad-Nizambad, Gola-Chowk, Saraihazi, Khatri-Tola, Ajamatpur Kodar, Hafizpur Crossing, Saraimeer and Ramapur respectively for the excise year 2002-03. The licenses of these eight shops were renewed for the excise year 2003-04 and 2004-05 in view of the policy framed by the State Government. The State of U.P. framed Excise Rules namely the U.P. Excise (Settlement of License for Retail Sale of Country Liquor) Rules, 2002. It has been stated in para 8 of the writ petition that the renewal fees for the renewal of license for the Excise Year 2005-06 has been deposited in time i.e. 17th of March, 2005 which was the last date fixed for submitting the renewal application.

(3.) The Licensing Authority/District Magistrate, Azamgarh passed an order dated 31st of March, 05 cancelling the renewal of the license for the Excise Year 2005-06 in View of the policy laid down by the Excise Commissioner by his instructions dated 10th of March, 2005. The ground for refusing to renew the license for the year 2005-06 is that the licensees have not lifted the minimum guarantee quota for the month of March 2005 in the Excise Year 2004-05. The Licensing Authority/District Magistrate while passing the order dated 31st of March, 2005 refusing to renew the licenses has given the direction that the balance amount towards price of unlifted minimum guarantee quota may be adjusted from the advance security amount of the licensees and these shops may be run on daily basis to safeguard the interest of Revenue.