VIKAS KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioners have prayed for quashing the notification dated 1.3.1997 issued by the respondent No. 3, the Asstt. Commissioner of Excise, Ranchi for auction of foreign liquor shop of the petitioner namely Hinoo No. 1 and Hatia. A copy of the said notification is Annexure 6 to the writ application. The petitioners shave also challenged the condition No. 4 of the sale notification as being illegal, arbitrary and without jurisdiction. The petitioners, further prayed for a direction to the respondents to grant renewal of their licence for the year 1997 98 as petitioners are holding current licence for their foreign liquor shop.

(2.) THE facts of the case, in brief, as stated by the petitioners are as follows

(3.) COUNTER affidavit has been filed on behalf of the respondent No. 3 stating, inter alia, that the writ application was misconceived and not maintainable. The respondent No. 3 stated that the petitioners took settlement of the shops for the year 1996 97 under the sale notification dated 2.6.1996 without any demour knowing fully and aware of he conditions of the sale notification. The condition No. 4 of the sale notification is very clear that Indian made foreign liquor retail shop shall be renewed only at the increase of 5% of the annual quota of foreign liquor and 10% increase in reserved annual fee by the Collector of the District. The petitioners having once accepted the terms and conditions of the sale notification under which their shops were settled cannot be allowed to take out to avoid obligation under the licence. The respondent further stated that the fixed quota is the minimum guarantee for the licence whereas the licensees are free to lift more than the fixed quota. The fixation of quota to be lifted and annual increase of 5% is in the interest of revenue and public interest because it directly check calendestine trade of spurious liquor. It is further stated that the petitioners were found defaultors in lifting the quota, as a result of which the shops were advertised for auction for the financial year 1997 98.