RAWATI INTERNATIONAL PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) INTOXICANTS are exclusive privilege of the State. It is up the State to part with such privilege. In this State, the policy of the State is to part with such privilege with citizens. In order to guide parting of such privilege, the legislature of the State has made appropriate laws.

(3.) IN terms of the grant, petitioner 'searnest money was converted into security deposit and upon payment of the guarantee money proportionate to Rs. 28.5 lakhs and odd calculated for the period of 10 months from 1.06.2005 to 31st March, 2006 petitioner became entitle to manufacture and sell country liquor, but he could not manufacture and sell country liquor on the basis of such grant from 1.06.2005 to 31st August, 2005 as by then he could not install bottling facility. Section 39 of the law made by the State legislature for parting with exclusive privilege of the State in intoxicants authorized the Board of Revenue to reduce license fee, payable by a grantee. Petitioner approached the Board of Revenue seeking remission of fee i.e. proportionate amount of minimum guarantee, as had already been paid by him for the months of June, July and August, 2005. That having been rejected, the petitioner is before us.