DHEEMANSHU MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall govern disposal of WP No.9825/2025 and WP No.11899/025 as well.

(2.) This petition has been filed while praying for following reliefs:

(3.) In WP No.9825/2025, as per the petitioner, respondent No.4 who was granted SGL F-I composite group excise license of Waidhan, District Singrauli, applied for renewal as per Clause 11.6 of the policy. For execution of renewal of license, he was required to deposit the entire amount of license fee, within a period of 3 days. In the present case, the renewal was executed on 27/02/2025 and said date was excluded as per Clause 11.6 and 11.7 of the policy and the period of three days was to be counted from 28/02/2025. 28/02/2025 was the first day, 01/03/2025 was the second day and 02/03/2025 was Sunday, thus the third and the last day was 03/03/2025. However, respondent No.4 deposited license fee on 04/03/2025 which is evident from Annexure P/2 dtd. 04/03/2025. As there was apparent non deposit of the amount within three days, the matter was referred by the Collector to Excise Commissioner, who in turn, vide order dtd. 05/03/2025 contained in Annexure P/7 informed that the deposit can only be accepted within the time period as mentioned in Clause 11.6 of policy. However, in the present case as the said amount was not deposited within three days, the renewal of the license ought to have been refused and accordingly, the order dtd. 27/02/2025 (Annexure P/1) be quashed.