BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, under Art. 226 of the Constitution, the petitioner seeks to quash the notices (Ex. 11) dated June 7, 1984 and (Ex. 12) dated June 14, 1984.

(2.) THE petitioner was intimated that for the month of April, 1984, the short fall was Rs. 5. 15, 313. 228. and for the month of May, 1984, the short fall was Rs. 5 84, 632 00 p THE total short fall comes to Rs. 11. 00,945. 22 p. This total short fall was adjusted against the petitioner's amount of security which runs upto Rs. 16,66,671/ -. THE petitioner was called upon to deposit the amount of short fall by June 22, 1984 failing which his licence would be cancelled and at his risk, second auction would be ordered.

(3.) IN connection with the facts stated by the petitioner relating to Alakshagar shop, the respondent's reply is of denial. It has been categorically stated in reply to para 3 of the petition that when approval was sought in respect of the main shop, the Excise INspector after enquiry and inspection, did not approved the site and the petitioner was asked to submit another location but the petitioner failed to submit another location. On the contrary, the petitioner started without approval that shop on April 1, 1984 in respect of which a case was registered by Excise INspector for breach of condition of the licence. As regards allotment of land by Municipality and placing of cabin by the petitioner and starting of business there it was averred that the petitioner did not apply for another location for opening of the shop after withdrawal of the permission by the Municipal Council. It is stated that the respondents were prepared to help the petitioner foropening the shop but it was the fault of the petitioner who did not submit any application for proper location for opening the shop at Alakhsagar. It would appear from the pleadings of the parties that the parties are at issue on question of facts and such disputed question of facts cannot be gone into in this writ petition. Who was at fault in connection with the opening of the shop at Alakhsagar whould depend on the findings of disputed questions of facts.