AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition should not become a subterfuge for the State so as not to chase its pending revenues. The Court is not concerned as to how much revenue is due. In the present case, it is stated by AAG 2, the revenues due are over Rs. 180 crores (reference counter affidavit -ll filed by the Chief Secretary on 25 June, 2002).

(2.) THE petition only highlights the situation that there are arrears due against the auction conducted to part with the privilege to vend liquor on licences granted to various persons.

(3.) IT is surprising that in none of the affidavits whether it is of the Chief Secretary or the other respondents they are conscious of the fact that there is a long standing rule, framed under the Bihar Excise Act, 1915 known as Rule No. 471 -F framed in 1919. Within these lies Rule 53 which puts an obligation on the State, in context of the matter, to whom grant or not to grant licences. Persons in arrears and withholding State revenues cannot be granted licences. Rule 53 says :