RAM NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) LETTERS Patent Appeal has been filed against the order of 1st July, 2002 in C.W.J.C. No. 5862/2002.

(2.) THE appellant faced a certificate action for realisation of Rs. 11, 54, 640/ - as penalty on excise not paid. During the relevant year 1984 -85 the petitioner had been given licence for manufacture and wholesale supply of country liquor. The petitioner accepts in para 12 of writ petition that there was a severe crisis of supply of country spirit in the entire State of Bihar. The petitioner relied on this plea. The fact that liquor had not been supplied at Goveminent warehouses is not in issue. Whether default was wilful or not is an aspect which is being made an issue before the court but this cannot be enquired in a writ petition. If the Recovery Officer has declined to give relief to the petitioner then the only recourse is to file an appeal under section 16 of the Bihar and Orissa Public Demand Recovery Act, 1940 (sic '' 1914?). Apparently the writ petition was filed only to obtain a stay order so that the petitioner could escape the stipulation of payment of 40% of the revenue which is due. This Court cannot interfere with the stipulation of law.

(3.) DISMISSED .