GURDEEP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the letter as contained in memo No. 282 dtd. 18/2/2019 (Annexure-5 to the writ petition) issued by the respondent No.5 to the petitioner pursuant to his application dtd. 26/12/2018 whereby his request for refund of excess amount charged against annual license fee of his bar/restaurant for the financial year 2017-18 has been rejected.

(2.) Learned counsel for the petitioner submits that the petitioner had earlier preferred a writ petition being W.P.(C) No. 4135/2018 before this Court challenging the letter as contained in memo No. 1839 dtd. 3/11/2017 issued by the respondent No.5 whereby he was directed to pay Rs.18.00 Lac as license fee for the entire financial year 2017-18 despite the fact that he could run his bar-cum-restaurant only for five months. The said writ petition was disposed of vide order dtd. 5/11/2018, the relevant part of which reads as under:

(3.) Accordingly, the petitioner preferred representation before the respondent No.5 on 26/12/2018, however, the same was rejected vide the impugned letter dtd. 18/2/2019 merely stating that the said license was renewed for the financial year 2017-18 on the consent of the petitioner and the license fee of Rs.18.00 Lac was accepted on that basis and hence the petitioner's claim for adjustment/refund of the license fee was considered to be not acceptable. The respondent No.5, however, did not consider the fact that due to the confusion prevailing with the respondent authorities with regard to the aforesaid orders passed by the Hon'ble Supreme Court, the petitioner could run his bar-cum-restaurant only for about five months i.e. from 13/11/2017 to 31/3/2018.