BACHHAN TRADERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this case seeks a direction for refund of the amounts of security deposit and the licence fees paid by it for the grant of licences for manufacture and sale of country liquor in five of the six districts falling under Muzaffarpur zone for the year, 2001 -02

(2.) THE facts of the case are simple and can be briefly stated thus. The petitioner was granted by the State Govt, the exclusive privilege for manufacture and sale of country liquor in Muzaffarpur zone (comprising six districts) for a period of three years from 1999 -2000 to 2001 -02. The grant was made on the basis of the tender submitted by the petitioner in response to the tender notice published in the official gazette of 16.12.1998 (Annexure 14). Clause 2 (ka) of the tender notice required the tenderer to deposit Rs. 5 lakhs as security for each zone, refundable to the successful tenderer on the expiry of the settlement period. Clause 12 of the notice enumerated the documents required to be submitted along with the tender. These included, the Sales tax clearance certificate (SODHAN PRAMAN PATRA) to be issued by the competent sales -tax officer of the area where the tenderer had his regular business/ permanent address. The petitioner submitted its tender along with the required documents/certificates after depositing the security money and it received the grant from the Government.

(3.) FOLLOWING the cancellation of the licence, the Dist. Magistrate, Muzaffarpur also refunded Rs. 600,011.00 deposited by the petitioner as licence fee for the year, 2001 -02 vide his order, dated 22.10.2001 (Annexure 10). The petitioner made applications for refund of the licence fees before the five other Dist. Magistrates too but no order was passed on his claim for refund and he finally came to this court seeking appropriate directions to them.