RAMKALI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present writ application for a direction to the authorities to grant licence for Restaurant and Bar at village Kolhua (Dadar) Paigambarpur, Thana no. 482, District Muzaffarpur.

(2.) ADMITTED position is that the petitioner is resident of the said village, which falls within the Kolhua (Dadar) Paigambarpur Grampanchayat. She applied for grant of licence for Restaurant and Bar at the said village before respondent no. 3 the Excise Commissioner, Department of Excise and Prohibition, Government of Bihar, Patna, who directed her to approach respondent no. 4 -the Collector, Muzaffarpur, who is competent to grant licence for Restaurant and Bar in Forms 9 and 10 of the Bihar Excise Act, 1915 (hereinafter referred to as the Act). Thereafter, it appears that the petitioner filed an application before the Collector, Muzaffapur, and on an inspection having been made, it was found that the place, where the Restaurant and Bar is to be constructed, lies within the Grampanchayat Kolhua (Dadar) Paigambarpur and a recommendation to that effect was made. The petitioner fulfilled other requirements and constructed a Restaurant and Bar at the place in question. However, licence is not being granted to her on the ground that though the said place lies in a rural area, but it is near the town of Mazaffarpur. The petitioner is liable. to pay licence fee at the rate of Rs. 1,50,000/ - per annum by treating the sarme as a part of the township, it is also an admitted position that the licence for the rural area is Rs. 60,000/ - per annum.

(3.) THE controversy in this case is as to whether the place where the Restaurant and Bar is to be opened is a rural area or it is a town area. From the report appended with the writ application, it is clear that the authorities have found that the place in question is a part of rural area and falls in the Gram Panchayat but only ground for demanding fee of Rs. 1,50,000/ - per annua is that it is near the Muzaffarpur town.