(1.) THESE two cases relate to the same establishment, namely, M/s Upama Chemical Industries engaged in the manufacture and sale of Ayurvedic medicines with alcoholic contents. CWJC No. 4289. of 2006 is filed by the proprietor of the establishment challenging the order of the Excise Commissioner rejecting his application for renewal of the manufacturing licence in Form LI issued under the Medicinal & Toilet Preparations (Excise Duties) Act, 1955 (hereinafter to be referred to as 'the M.&T.P. Act ') and seeking a direction from the Court for renewal of the license. The other case being CWJC No. 4518 of 2006 is filed by the proprietor of the unit besides three others who are wholesellers and retailers of the produce of the unit. This case relates to the grant of licenses in Forms 13 and 13A issued under rule 93A of the Bihar Excise Act. The controversy relating to the renewal of the manufacturing licence in Form LI, given to the proprietor of the establishment under M.&T.P. Act, is now over a decade and a half old and the matter has come to the Court for the third time.
(2.) THE sole petitioner in CWJC No. 4289 of 2006 obtained the licence in Form LI on 20.11.1989 for the period 1989 -90. On expiry of the period he made an ap - plication for its renewal and also deposited the requisite renewal fee. He was not granted renewal of the licence in view of the general order passed by the Excise Commissioner vide his memo no. 2370, dated 16.5.1990 directing all the Collectors/Deputy Commissioners not to renew the licences under the provisions of the M.&T.R Act for the year 1990 -91 in respect of Ayurvedic preparations which were capable of being used as ordinary alcoholic beverage. The petitioner then came to this court challenging the general order passed by the Excise Commissioner in CWJC No. 4739 of 1990. During the pendency of that writ petition the petitioner 'sapplication for renewal of his licence was rejected by an order passed separately. In view of this development an amendment petition was filed in the pending writ petition seeking to challenge the order by which the petitioner 's application for renewal of licence was turned down. That writ petition was allowed by a Bench of this court by judgment and order, dated 23.9.1991. The operative portion of the order as contained in para 11 is reproduced below :
(3.) FROM this stage, the matter seems to have been put out of sight till the Excise Commissioner finally passed the order on 19.1.2006 rejecting the petitioners ' application for renewal of the license. In the meanwhile the petitioner merrily continued to run the manufactory on the basis of the order passed in CWJC No. 8797 of 1993 till the unit was sealed on 31.8.2005 for various reasons. C.W.J.C. No. 4289 of 2006 is filed challenging the Commissioner 'sorder rejecting the request for renewal of the license in Form L -I.