LAWS(PAT)-2001-6-46

RAJAN PRASAD Vs. STATE OF BIHAR

Decided On June 19, 2001
Rajan Prasad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order passed by the Member, Board of Revenue, Bihar under its resolution dated 20.7.1987 by which the Board of Revenue rejected the petitioner 'sclaim for refund of the licence fee amounting to Rs. 82,800/ - (at the rate of Rs. 16,560/ - per month), besides the security deposited by the petitioner for settlement of the retail country spirit vend for the year 1983.

(2.) ACCORDING to the petitioner despite the issuance of the licence he was unable to run the vend for any period of time. It is the case of the petitioner that the first two sites offered by him for setting up the vend were rejected by the Excise authorities as unsuitable. The petitioner finally took a premises on rent and the third site offered by him received the approval of the authorities. On this site also the petitioner was unable to run the liquor vend on account of disturbances caused, according to him, by the persons of locality.

(3.) WE find that the petitioner 'sclaim has been denied on a finding of fact which warrants no interference by this writ court. This writ petition is accordingly dismissed.