REGENT COMPUTRONICS PVT. LTD.

CHINGALAL YADAV Appellant

V/S

STATE OF MADHYA PRADESH Respondents

Referred Judgements :-

JUDGEMENT

(1.) THE Division Bench having found difficulty in agreeing with the view taken by another Division Bench of this Court in Madan Mohan Chaturvedi Vs. State of Madhya Pradesh, 2008(3) M.P.H.T. 311 (DB) = ILR 2008 MP 2778, has referred the following questions for the opinion of the Larger Bench :-

(2.) IN order to appreciate the questions referred and to resolve the controversy, it would be appropriate to state few necessary facts which briefly stated, are that the Excise Commissioner announced Excise Policy for grant of licence in respect of country/foreign liquor retail shops far the year 2010-2011 (hereinafter referred to as 'the New Policy'). The New Policy was published in Madhya Pradesh Gazette dated 28-1-2010. It provides that the applications are to be invited at the first instance from the existing licensees for allotment of shops of country/foreign liquor by way of renewal provided they offer 20% extra licence fees on the reserved price of previous year, Le., 2009-10. Clause 5 of the policy provides that reserved bid approved for 2010-2011 would be 20% over and above, the reserved bid approved for 2009-2010. Thus, if the existing licence holder applies for renewal of his licence stating that he is ready and willing to pay 20% extra, on the reserved bid approved for the 2009-10, his licence shall be renewed. Clause 9 provides that renewal will take place only when the said renewal will generate more than 80% of the estimated revenue for the year 2010-2011 at the district level. Under the New Policy left over shops are to be allotted by way of tender.

(3.) IN second set of writ petitions, namely, W.P. No. 1636/2010, W.P. No. 2080/2010, W.P. No. 2110/2010, W.P. No. 2145/2010, W.P. No. 2181/2010, W.P. No. 2281/2010, W.P. No. 2915/2010, W.P. No. 2284/2010, the petitioners are existing licensees and are aggrieved with the conditions of renewal in Clause 9 of the policy which creates a rider on the right of renewal to the effect that unless it generates more than 80% of the estimated revenue for the year 2010-2011 at the district level, renewal shall not be granted.

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CHINGALAL YADAV Vs. STATE OF MADHYA PRADESH

Referred Judgements :-

JUDGEMENT

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