ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ petitions have been filed for quashing condition No. 19 (ga) of the notification dated 25th January, 1997, issued under F-127 of the Bihar Excise Act, 1915, by the Commissioner of Excise & Prohibition (respondent No. 3) and also the sale notifications contained in Annexures 9, 1, 6 and 1 of CWJC Nos. 1530, 1825, 2151 and 2076 of 1997, respectively, published by the concerned Collectors for settlement of different retail vends of country spirit on auction basis for the current year. Since facts and points involved in these cases are common, therefore, with the consent of parties, they have been heard together and are being disposed of by this order at the stage of admission itself.

(2.) Petitioners are licensees under the provisions of Bihar Excise Act tc deal with country spirit at respective places. Admittedly, since last few years, settlement of such shops are being made on auction basis. The Excise Commissioner (respondent No. 3) to make settlement of different retail vends for the year 1997-98, after having obtained approval of the Board of Revenue, issuec direction vide his letter dated 25th November, 1997, alongwith a copy of sale notification under F-127, asking all the Collectors/Deputy Commissioners of this State to take steps for settlement of the terms and conditions stipulated in the notifications.

(3.) As noticed above petitioners are only aggrieved due to insertion of clause 19 (ga) to the sale notification which inter alia, provides that in case a licensee intends to lift country liquor in excess of more than 30% of the minimum quantity of quota for a particular month, such licensees will be required to pay proportionate licence fee on the excess quantity in addition to the fee already paid.