KAPTAN SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PETITIONERS prayer in the writ petition is for the issuance of a writ in the nature of Certiorari for quashing of undated order (Annexure P -7), rejecting the representation of the petitioner and directing him to apply for renewal of group of vends in Group No. CL - 13, District Palwal and / or for the issuance of a writ in the nature of prohibition, prohibiting the respondents from recovering any amount from the petitioner on account of difference of the original licence fee i.e. Rs. 2,49,99,999/ - + 5% and the amount of Rs. 1,31,25,000/ - (i.e. the amount of licence fee received on re -allotment of the same vends) and / or for the issuance of a writ in the nature of Mandamus directing the respondents to refund the amount of security as well as additional security deposited by the petitioner along with interest @ 18% per annum w.e.f. 01.04.2014 etc.

(2.) BRIEF facts of the case necessary for the adjudication of the writ petition are that Group No. CL -13 consisting of three vends of country liquor, namely, Baghpur, Shekpur and Kulena were allotted to the licensee Sher Singh (i.e. allottee prior to the petitioner) through process of tender w.e.f. 01.04.2013 for a period of two years i.e. w.e.f. 01.04.2013 to 31.03.2015. The afore -mentioned allotment was made pursuant to the Excise Policy adopted by the cabinet as is contained in Annexure P -1. Clause 2, 2A, 2.30 and 2.31, which are relevant for the decision of the instant writ petition, are reproduced below : -

(3.) HOWEVER , on coming to know that his application (Annexure P -3) was being misinterpreted by the department and the licence was sought to be renewed on licence fee on which the vends were allotted w.e.f. 01.04.2013 by adding 5% thereto, the petitioner, served a notice (Annexure P -4) dated 27.03.2014 on the Collector -cum -Additional Excise & Taxation Commissioner i.e. respondent No. 3 as well as respondent No. 4, specifically mentioning therein that he was ready to get the licence renewed on the basis of licence fee of Rs. 25 lacs for a period of 68 days, computed on yearly licence fee which worked out to Rs. 1,34,19,117/ - and that by adding 5%, the amount of licence fee worked out to Rs. 1,40,90,073/ -. On getting no positive response, the High Court vide order dated 04.04.2014 by giving a direction to respondent No. 4 to decide the legal notice (Annexure P -4) dated 27.03.2014 in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of two weeks from the date of receipt of certified copy of the order.