BINOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 11.7.1994 (Annexure-1), passed by the learned Excise Commissioner, Government of Bihar, Patna, whereby the Petitioner's application for refund of the licence fee for opening a retail sale of India made Foreign Liquor at Thatheri Bazar, Serial No. 21, Buxar, has been rejected.

(2.) Learned Counsel for the Petitioner presses I.A. No. 615 of 1996, wherein prayer is made to quash Excise Certificate Case No. 14 of 1992-93, then pending before the learned District Certificate Officer, Bhojpur, Ara, whereby certificate proceedings have been initiated against the Petitioner for realization of the loss caused to the State Government on account of the Petitioner's refusal or failure to open the aforesaid shop at Thatheri Bazar. The Petitioner, therefore, seeks amendment of pleadings and prays that he may be permitted to challenge the validity, and continuance of certificate proceeding. In his submission the proposed amendment of pleading is within the frame of the writ petition, and is almost in the nature of consequential relief. Learned Counsel for the Respondents has no objection to the same. In that view of the matter, the Petitioner is permitted to challenge the validity of Excise Certificate Case No. 14 of 1992-93. LA. No. 615 of 1996.

(3.) A brief statement of facts essential for disposal of the writ petition may be indicated. The then Collector of the undivided district of Bhojpur at Ara had issued a tender notice for grant of licence to open retail shop for sale of India made Foreign Liquor at Thatheri Bazar and Namak Gola, both within the Sub-Division of Buxar. The Petitioner was granted licence to open the shop at Thatheri Bazar (SI. No. 21), for the period of 1991-92, and one "Yugal Kishore Rai was granted licence to open the shop at Namak Gola (SI. No. 22). The Petitioner promptly deposited a sum of Rs. 97,200/- as advance licence fee for six months, and a sum of Rs. 4,400/- as security money, totalling Rs. 1,01,600/- (Rs. One lac one thousand and six hundred), with the learned Collector of the district. Before the Petitioner could set up the shop,. Yugal Kishore Rai was allowed to shift his shop to Thatheri Bazar, Buxar. The Petitioner, therefore, did not start the shop and instead challenged the same by preferring an appropriate application before the learned Excise Commissioner. The same was disposed of by order dated 8.10.1991 (Annexure-3), whereby he held that the learned Collector had allowed the shop of Yugal Kishore Rai to be shifted from Namak Gola to Thatheri Bazar, which was in violation of the prescribed procedure. He, however, concluded as follows: