BHOLA RAM Vs. STATE

JUDGEMENT

(1.) THIS review petition arises out of the common judgment and order dated 13.12.1994 passed by this Court in SBCWP No. 4274/1988 (Bhola Ram v. State and Ors.) and five other connected matters i.e. SBCWP Nos. 112/85, 1439/86,456/86, 1433/85 and 1195/85.

(2.) SINCE the questions raised in the present review petition are pure legal questions of law, I need not advert to the facts of the writ petition separately.

(3.) IT has been contended in this regard that since the name of the petitioner was not included in the licence as a co -licensee, he neither gave any order for the supply of liquor nor any liquor was supplied by the department to the petitioner. On this basis, it has been sought that since the petitioner did not have any connection whatsoever for the retail sale of country liquor at Badagaon for the year 1967 -68, as such recovery proceedings against the petitioner vide order dated 1.9.1988 (Annexure -6) for the period i.e. 1967 -68 for a sum of Rs. 14,640.30 is liable to be quashed and set -aside since the petitioner was not a licensee but one Noora (Nuruddin), he is not liable for the acts of omissions and commissions of the co -licensee i.e. Nuruddin.