RAMESH CHANDRA RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The instant writ petition has been filed for issuance of direction upon the respondents to refund the proportionate license fee paid by the petitioner regarding its 37 retail country liquor shops in the district of Giridih with respect to the non-supply of 1,49,678 LPL of country liquor for the period from July, 2004 to July, 2005 and as such he is entitled to get Rs. 67.67,862/- from the respondents.

(2.) It is the case of the petitioner that he was granted settlement of 37 retail country liquor shops license for sale in the district of Giridih fixing early quota of liquor to be supplied to the petitioner as well as monthly installment of license fee as per chart furnished at para 6 of the writ petition. Petitioner further submits that for the period from July, 2004 to July, 2005 i.e. 13 months the petitioner had deposited all the monthly installments of license fee with respect to the aforesaid 37 retail shops to the tune of Rs. 1,18.87,731 against which the respondents were required to supply 2.62,909 LPL of country liquor, but they could supply only 1,13,231 LPL and the remaining 1,49.678 LPL were not supplied.

(3.) On the basis of the aforesaid facts it has been submitted that petitioner is entitled to refund of Rs. 67,67,862/- for the period from July. 2004 to July, 2005 against the non supply of 1,49,678 LPL of country liquor by the respondents relying upon the certificates annexed as annexure-3 to the writ petition. It is submitted that annexure-3 dated 2.7.2005 is issued by the Superintendent Excise, Giridih which shows that there was non supply of country liquor from time to time.