DWARIKA PRASAD Vs. MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) In this case the petitioner holds a licence for a country spirit shop, called the Tinkonia Country Spirit Shop, in the town of Chapra, since the year 1946. The Licencing Board of Chapra recommended that the petitioner should be required to shift his shop to Mahalla Khanjartoli in the same town. On the 30th March, 1959, a notice was served by the Collector upon the petitioner requiring him to shift his shop within one month, that is, by the 30th April, 1959, in default of which the licence of the petitioner would be withdrawn. Against this order the petitioner took the matter in appeal before the Commissioner of Excise. The appeal was dismissed on the 13th July, 1959. The petitioner then took the matter in revision before the Board of Revenue, but on the 17th August, 1959, the Board of Revenue dismissed the revision application. The petitioner has now obtained a rule from the High Court calling upon the respondents to show cause why the order of the Board of Revenue dated the 17th August, 1959, should not be quashed by a writ in the nature of certiorari under Article 226 of the Constitution.

(2.) Cause has been shown by the learned Standing Counsel on behalf of the respondents to whom notice of the rule was ordered to be given.

(3.) The submission of learned Counsel for the petitioner is that the order of the Board of Revenue is not in valid exercise of the statutory discretion conferred by Section 43 of the Bihar and Orissa Excise Act, which is in the following terms:-