BANWARI LAL Vs. STATE OF RAJ. AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner aggrieved against order dated 19.06.2015 (Annexure -14) passed by District Excise Officer, Hanumangarh ('DEO'), whereby, the approval dated 22.02.2014 and licence dated 23.03.2014 for the year 2015 -16 granted in favour of the petitioner has been cancelled at the risk and cost of the petitioner, the entire security amount and advance exclusive privilege amount after adjusting the same towards deficit for the month of June, 2015 has been forfeited and it has further been ordered that in case of deficit on account of re -auction of the shop, the same would be recovered from the collateral security given by the petitioner and would be recoverable under the provisions of Land Revenue Act, 1956.

(2.) THE Commissioner (Excise), Udaipur ('Commissioner') issued notice inviting applications for grant of liquor licence for the year 2013 -14; the petitioner applied for grant of licence for Ward No. 26, Municipal Board, Hanumangarh and was granted licence for operating a shop at the applied place by order dated 22.02.2014; it is claimed that a Naukarnana was entered into between the petitioner and one Rajiv Kumar, which was duly attested by DEO; the shop was operated during the year; before closing of year, as per policy, the petitioner applied for renewal of licence for the year 2015 -16 and by approval dated 14.02.2015, the petitioner's licence was ordered to be renewed for the year 2015 -16; the petitioner deposited the required amount and was issued licence for the year 2015 -16.

(3.) ON 05.06.2015 a notice was issued by the DEO for change of location of the shop at Ward No. 26 on account of public protest and petitioner was granted three days' time to submit the change of site and was threatened that on failure the licence would be cancelled; the petitioner submitted a new location and the same was approved after charging the location change fee.