MADAN MOHAN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Vishwa Swaroop Tiwari, learned counsel for the petitioner and Shri Avinash Chand Tripathi, learned counsel representing all the respondents.

(2.) By means of the present writ petition, the petitioner has challenged and prayed for quashing of of the order dated 28.09.17 passed by the Collector/licensing authority, District Kushinagar and subsequent orders dated 20.2.18 and 19.07.18 passed by the Commissioner, Excise, U.P. at Allahabad and Secretary, Excise, U.P. Apart from the aforesaid prayer, the petitioner has also prayed to issue a direction to the respondents/licensing authority at Kushinagar to refund the security amount deposited by the petitioner with respect to Country Liquor Shop, Banakta No.1, District Kushinagar and the basic licence fee with respect to country liquor shop No.1, Banakta, District Kushinagar and to release a sum of Rs.11,020/- recovered from the shop of the petitioner at the time of survey conducted by the respondent authorities on 28.5.17.

(3.) Brief facts of the case are that the petitioner was granted/issued the licence to run the country liquor shop No., Baznakta No.1, District Kushinagar by the licencing authority for the period 2017-18. The petitioner has deposited the licence fee as well as the basic licence fee and the security demanded by the respondents.