E.RAMARAJU Vs. GOV.OF A P

JUDGEMENT

(1.) On 08.04.2002, notification was issued calling for applications for establishment of retail excise shop in Nandavaram Mandal. In the auction conducted on 12.05.2002, petitioner was selected as per the procedure envisaged for the establishment of excise shop. It is the obligation of the petitioner to select the suitable premises. The premises selected by the petitioner was not accepted by the Department and Department suggested the petitioner to select another premises. Initial proposal of the petitioner to locate the shop was opposed by another shop owner by filing W.P.No.8473 of 2002.

(2.) Alleging that petitioner was not granted licence even though licence fee was paid by him and premises is identified, petitioner instituted W.P.No.10417 of 2002. This Court by order dated 13.06.2002, directed consideration of the claim of the petitioner for grant of licence subject to the petitioner fulfilling all the formalities within a period of one week without regard to the pendency of the Writ Petition No.8743 of 2002, which writ petition was instituted challenging the allotment of retail shop to the petitioner. By order dated 26.06.2002, the petitioner was directed to select another premises as Department has not accepted the premises chosen by him. Petitioner has identified another premises and satisfied with the location of the premises, licence was granted and the petitioner commenced his operations of sale of excise items w.e.f. 03.10.2002. Claiming remission of the licence fee paid by the petitioner on the ground that he was not allowed to undertake sale of liquor from 01.04.2002 to 02.10.2002 for no fault on him, petitioner submitted a representation. Matter was examined by the Government and Government passed orders in G.O.Rt.No.367 dated 27.02.2004 rejecting the request of the petitioner for grant of remission of the licence fee paid by him. Aggrieved thereby this writ petition is instituted challenging the orders in G.O.Rt.No.367, dated 27.02.2004 and seeking direction to give remission of licence fee for the period from 01.04.2002 to 02.10.2002.

(3.) The relief claimed by the petitioner is opposed by the respondents. Consequent to the short list of a person for grant of licence, for establishment of retail excise shop, it is mandatory for the person, who secured the lease, to identify the premises and if the department approves the location of the premises, then only the licence will be granted. The premises selected by the petitioner was found to be in barren land and was far away from the main village and there was no inhabitation. Furthermore, the premises selected by the petitioner is falling within radius of 1 KM. from Yemmiganur Municipality, where other persons were granted similar licences. Since petitioner did not select alternative premises, notice dated 16.06.2002 was issued requesting the petitioner to select alternative premises. He was also warned that if he does not select an alternative premises immediately, the amount already deposited by him would be forfeited to the Government.