VANDANA DWIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed challenging the order dtd. 27/6/2023 whereby the claim of the petitioner for supply of liquor has been rejected.

(2.) It is his case that the petitioner is a licensee of a group liquor shop at C.S. Waterhouse, New Bus Stand Kudri Road, District Shahdol for a duration from 1/6/2021 to 31/3/2022. Licenses were provided to him for a consideration of Rs.8.00 Crores 50 Lacs approximately. The petitioner entered into the contract on 1/6/2021 and operated the liquor shop till 31/5/2022, as two months extension was granted to the petitioner due to Covid pandemic lockdown across the country.

(3.) The petitioner has paid and fulfilled all obligations mentioned in the contract entered between the Government and petitioner and in case some duties are paid with some delay that was in pursuance to the time period which has been extended by the Authority themselves but the fact that the petitioner has paid all the duties in accordance with law could not be disputed. It is his case that despite all the payments being made to the authorities, the respondents/department had not supplied liquor to the petitioner which entitles the petitioner to receive a compensation from the department as per Sec. 73 of the Contract Act, 1872 to tune of Rs.2,56,91,193.00. The District Excise Officer has recommended the case of the petitioner but the aforesaid was not taken note of by the Excise Commissioner, in turn, causing huge financial loss to the petitioner, therefore, this petition is filed seeking the following reliefs :-