USHA LIQU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners seek to challenge the order dated 10.08.2005 (Annexure-6) passed by the Deputy Commissioner, Excise by which he rejected their request to return the security deposit of Rs. 1,50,000/- submitted in the form of National Saving Certificate(s) and directed for the forfeiture of the amount.

(2.) THE facts of the case are brief and without controversy. THE petitioners were granted the exclusive privilege of manufacture and wholesale supply of spiced country-liquor in Muzaffarpur, Saran and Darbhanga regions for the period 1.7.1999 to 31.03.2002. For the grant of the privilege, they had paid a sum of Rs. 1,50,000/- as security deposit. Following the grant of privilege, the petitioners were obliged to deposit Rs. 5,00,000/- as licence fee for the manufacturing unit and Rs. 50,000/- per annum for each warehouse as per condition No. 4 of the letter of the grant. THEy were also required to establish a sachetting/bottling plant. THE petitioners did not comply with any of those conditions and consequently the privilege granted to them remained ineffective and inoperative.

(3.) FOR the reasons discussed above, I see no merit or substance in the writ petition. It is dismissed. S.K. Katriar, J.