LAWS(MPH)-2019-3-59

HARSH SHIVHARE Vs. STATE OF M.P.

Decided On March 25, 2019
Harsh Shivhare Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed seeking following reliefs:-

(2.) It is submitted by the counsel for the petitioner that as per the statutory condition-2 of the General Licence and Conditions and Clause 32 of the Excise Policy, a licensee is entitled to receive the quantity of liquor against the licence fee deposited by him and consequently, it is submitted that the respondents authorities are under legal obligation to supply the liquor equivalent to the amount of licence fee deposited by the petitioner. The petitioner has repeatedly requested the respondents authorities to supply the liquor, but instead of supplying the liquor and passing an order to that effect, the respondents authorities are saddling the responsibility on each other on the one pretext or the other, as a result of which, the State authorities are not respecting their contractual obligation of supply of liquor, due to which the petitioner is suffering adversely. It is submitted that the representation has been made to the respondent no.2, but of no avail. Thus, it is submitted by the counsel for the petitioner that the respondents authorities may be directed to fulfill their contractual obligations.

(3.) Heard learned counsel for the petitioner.