KRISHNA KUMAR CHOUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the entire certificate proceedings in Certificate Case No. 4 of 2013-14 in terms of the notice dated 28.06.2013 issued by the Certificate Officer, Munger (Annexure-10) including the relevant requisition dated 10.05.2013 issued by the Superintendent of Excise, Munger for an amount of Rs. 34,38,320.00 to be recovered from the petitioner.

(2.) It is submitted on behalf of the petitioner that the entire certificate proceedings are wholly illegal and unsustainable. For the financial year 2012-13, the petitioner was granted settlement for country made liquor shop in Munger Municipal Corporation area pursuant to an advertisement for which he deposited Rs. 44,10,000.00 as security deposit and an advance of Rs. 4,81,470.00 prior to the commencement of business. The petitioner also deposited the monthly licence fee till July, 2012 but owing to various reasons, he could not deposit the licence fee of the months of Aug. and Sept., 2012. In due course, a notice dated 28.09.2012 was issued to the petitioner by the Superintendent of Excise, Munger raising a demand for Rs. 10,28,970.00 said to be in arrears, failing which the petitioner's licence was directed to be suspended. Thereafter a requisition dated 10.05.2013 was issued for an amount of Rs. 34,38,320.00 in pursuance of which the impugned notice dated 28.06.2013 under Sec. 7 of the Bihar & Orissa Public Demands Recovery Act, 1914 (for short, the Act ) by the Certificate Officer, Munger for the said amount came to be issued to the petitioner. Learned counsel submits that the recovery in terms of the Act is impermissible in absence of any written agreement between the parties authorising the respondents to have recourse to the Act for recovery of the sum in question.

(3.) Learned counsel for the respondents, on the other hand, opposes the writ petition. He relies on the statements made in the counter affidavit filed on behalf of the Superintendent of Excise, Munger (respondent no. 4) to submit that the petitioner had defaulted in making payment of the monthly licence fees and the amount of Rs. 10,28,970.00 demanded against the petitioner was an amount payable to the Collector and hence, action sought to be taken under the provisions of the Act is justified.