PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for direction to the Respondent not to charge the monthly licence fee from the Petitioner from the date prior to the issuance of the licence.

(2.) According to the learned Counsel for the Petitioner in the sale notification as contained in Annexure 1 various conditions have been given for settlement. Condition 4.7 lays down that the licence shall commence from 1st of April every year, but in case, the settlement has been made after 1st of April, in that event the licence fee has to be paid from the actual date of the issuance of the licence. Admittedly the licence was issued on 4.7.94, as such according to the learned Counsel the licence fee cannot be charged from the date of settlement and as such he has prayed for a direction to the Respondents to refund excess amount which has been charged from him.

(3.) In the facts of the case, we are satisfied that as per the sale notification the licence fee has to be charged from the date of the issuance of the licence.