KAMESHWAR PRASAD JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) With the consent of the learned Advocates, this petition is heard and decided today. This petition under Article 226 of the Constitution is filed by one Kameshwar Prasad Jaiswal, owner of the disputed property situated at Ward No. 62, Circle No. 161, Holding No. 165 at Shikarpur Nalapar, Chowk, Patna City, District-Patna (hereinafter referred to as 'the said premises'). The Petitioner has approached this Court against the Respondent authority for a direction to quash and set aside the licence for country liquor shop granted in favour of the Respondent No. 5 for the year 2011-12 in respect of the said premises.

(2.) The Petitioner admits that the said premises was leased by him to the Respondent No. 5 for running a country liquor shop for the licensing year 2009-2010 (i.e. from 1st April, 2009 to 31st March, 2010). Since 1st April, 2010, he did not give the said premises to the Respondent No. 5 for running a country liquor shop for the licensing year 2010-11.

(3.) Nevertheless, the Respondent No. 5 posing himself to be the owner of the said premises executed a lease deed in favour of one Satendra Kumar for running a country liquor shop in the said premises. On the strength of the said lease deed made on 20th March, 2010 the said Satendra Kumar was given licence for running a country liquor shop in the said premises for the licensing year 2010-11. The Petitioner objected to the licence given to the said Satendra Kumar before the Respondent authorities, before this Court, before the Excise Commissioner and before the Board of Revenue. By the time the matter was decided by the Board of Revenue on 5th April, 2011 the licence had expired. The Board of Revenue held that the matter had become in fructuous. However, the Board of Revenue did not approve the order of Commissioner of Excise dated 7th February, 2011. The Board of Revenue observed, "in the case of disputed premises being offered as location of shop in 2011-12, the authorities will make their enquiries regarding its suitability, and give approval, with an open mind without feeling constrained by the order dated 7th February, 2011 of the learned Commissioner".