DURGA WINES Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner and the learned Government Pleader for Excise for Respondents. The Petitioner was a Wine Shop dealer. He was a successful auction purchaser of shop No. 176 of Kolanukonda Village, Tadepalli Mandal, within the limits of Mangalagiri Prohibition and Excise Station. He got the lease of the shop for the period 2006-2008 in Phase. II auction held on 30-06-2006. He quoted his tender for Rs. 14,94,999/- against the upset price of Rs. 14,76,200/-. He was issued A-4 licence on 06-07-2006 and commenced his business under the name and style of M/s. Durga Wines in D. No. 3-155/B of Kolanukonda village, Tadepalli Mandal. He faced opposition from the villagers. In those circumstances, he submitted a representation on 09-07-2006 seeking permission of Respondent Nos. 2 and 3 to shift his shop from Kolanukonda village to Undavalli in the same Tadepalli Mandal. He also gave an undertaking on 29-07-2006 to pay the additional amount of licence fee or any other incidental fee as may be fixed by the 1st Respondent for such shifting.

(2.) The 1st Respondent in his proceedings in Cr. No. 11780/2006/CPE/M2, dated 19-08-2006 gave permission for shifting of the Petitioner's shop from Kolanukonda village to Undavalli center and directed the 3rd Respondent to take necessary action by collecting the prescribed fee as per the Rules. The 3rd Respondent issued consequential proceedings vide L.Rc. No. 176/2006/A1 dated 21-08-2006 according permission for shifting of the shop as aforesaid but fixing a higher license fee. The Petitioner paid an amount of Rs. 3,50,000/- towards differential licence fee and shifting fee balance of Rs. 11,000/- on 21-08-2006 and also submitted a bank guarantee. One Lanka Krishna Mohan filed W.P. No. 18027 of 2006 challenging the shifting proceedings and three licensees of Bar and Restaurants of Tadepalli Mandal also filed a revision before the Hon'ble Minister challenging the said shifting and obtained an order of stay on 01-09-2006. Challenging the said stay proceedings in revision before Government the Petitioner filed W.P. No. 18776 of 2006 before this court. This court heard both W.P. Nos. 18027 and 18776 of 2006 on 26-10-2006 and dismissed the former writ petition while allowing the latter. W.A. Nos. 1262 and 1320 of 2006 were filed by unsuccessful parties and the same were dismissed.

(3.) The Petitioner submitted a representation to the 2nd Respondent on 07-04-2007 stating that the 3rd Respondent pressurised him to pay his A-4 licence fee as equivalent to 2-B licence fee per year @ Rs. 18 Lakhs and the Petitioner in those circumstances paid Rs. 36 Lakhs for the two year period, thus he paid an excess amount of Rs. 21,05,000/- for the licence fee of A-4 shop and also paid Rs. 11,000/- excess amount for shifting charges. A-4 licence is covered by Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of licence) Rules 2005; whereas 2-B licence is covered by Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of Licence) Rules, 2005. The Petitioner filed the present writ petition seeking a direction to the Respondents to refund the excess amount of Rs. 21,16,000/- with interest @ 12% per annum.