CHARANJEET SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has challenged the order dated 19.7.2003 passed by the Superintendent of Excise, Giridih whereby he has informed the petitioner to shift his foreign liquor shop to a different place forthwith and also for quashing the order as contained in the letter dated 19.7.2003 whereby the liquor shop of the petitioner has been sealed and closed till the approval of a new site/shop room by the order of the Deputy Commissioner, Giridih.

(2.) PETITIONER 'sfather took a shop room on rent from the District Bar Association, Giridih in the campus of the District Bar Association and opened a shop in which he started the business of hotel -cum -Bar business of foreign liquor. The petitioner was granted a license by the Excise department for the years 2002 -03 for running a foreign liquor shop. After expiry of the said period the petitioner was again granted license to run foreign liquor shop for the years 2003 -04. All of a sudden the impugned order was issued by the Superintendent of Excise asking the petitioner to shift his shop to any other place forthwith and submit an application for approval of the shop room at a new site. This order appears to have been passed on the basis of a letter issued by the Registrar (Establishment), Jharkhand High Court, Ranchi dated 26.6.2003 and Incharge Judge Civil Court, Giridih vide his letter dated 19.7.2003.

(3.) FOR the aforesaid reasons this writ application is allowed and the impugned order is set aside. The respondent, namely, the Excise Superintendent, is directed to give a show cause notice to the petitioner and after hearing him, pass appropriate order in accordance with law within a period of one month. Till then the petitioner shall not carry on the liquor business in the shop premises. It is further observed that the period of license will expire in March, 2004 and before granting a fresh license of liquor shop, the Excise department shall strictly follow the rules in the matter of grant of license within Civil Court premises or the Bar Association premises.