MD DAUD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petitioners were granted licence for retail liquor shop, in the district of Nawadah, for the financial year 2014-2015, under the terms and conditions contained in Excise Form 127, as per the excise policy for retail licence, 2007, and Bihar Excise (Settlement of Licenses for Retail Sale of Country Liquor/Spiced Country Liquor/Foreign Liquor/Beer and Composite Liquor Shop) Rules, 2007 (hereinafter referred to as "the Settlement Rules, 2007"). The retail licence was valid for the period 01.04.2014 to 31.03.2015. On completion of the period of licence, the petitioners claimed refund of security deposit furnished by them at the time of grant of licence as they had paid the entire licence fee and had lifted the entire quota of liquor.

(2.) Instead of returning the security deposit, the Excise Superintendent, Nawadah, directed recovery of movement fees on account of short lifting of minimum guarantee quota with stipulation that only on deposit of the amount due against the movement fees, application for refund of security money would be entertained.

(3.) Being aggrieved, the writ petitioners have filed the present writ applications challenging the order of the Excise Superintendent, Nawadah, directing recovery of movement fees. For instance, the reliefs prayed for in one of the writ petitions, bearing C.W.J.C. No. 18863 of 2015 (Md. Daud Khan Vrs. The State of Bihar & Ors.), which is akin to the relief sought for in other writ petitions, is produced hereinbelow by way of illustration :