QUDRAT ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner who is a licensee of the Hajipur country spirit shop in the district of Muzaffarpur has challenged the order of the Member Board of Revenue, Bihar, Patna, dated the 15th May 1970 (Annexure 1) the order of the Commissioner of Excise, Bihar, Patna. dated the 11th January, 1970 (Annexure 2) and the order of the Collector of Muzaffarpur, dated the 12th January. 1969 (Annexure 3).

(2.) The facts of the case are as follows :-- It is stated that the petitioner has been a licensee of the country spirit shop for a long time and his license has been renewed from year to year. The Superintendent of Excise. Muzaffarpur, visited the petitioner's shop on the 26th August, 1968 and found the following irregularities:

(3.) Against the aforesaid order of the learned Collector, the petitioner filed an appeal before the Commissioner of Excise, Bihar, Patna. under Section 8 of the Act who by Ms order dated the 11th January 1970 dismissed the appeal. Thereafter the petitioner moved the Member Board of Revenue, Bihar, under Section 8 of the Act who by his order dated the 15th May, 1970. in Case No. 48 of 1970. rejected the petitioner's application. The petitioner has assailed all the orders referred to above. Mr. Rajeshwari Prasad, learned Counsel appearing in support of the rule has made a number of submissions and formulated the following propositions:--