RAM LAL DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 07/01.05.2014 Heard learned counsel for the parties. The review petitioner, herein, is said to be the landlord of the premises in respect of which the Bar and Restaurant license of the writ petitioner has been renewed. The writ petitioner had approached this Court stating that the respondents be directed to renew his license for the Bar and Restaurant being License no. 3/12 -13 for the period 2013 -14 claiming that he has tenancy agreement with the landlord. He had also submitted that there was an objection by the landlord in relation to the inter se dispute and, therefore, his license was not being renewed. A show cause had also been issued upon the petitioner by the Licensing Authority. He also responded to the said show cause and submitted an affidavit about the genuineness of the tenancy agreement. In the background of the aforesaid statements of fact, the writ petitioner had made a prayer that the licensing authority should take a decision on his application for renewal of the license. After noticing these facts, the judgment of which review has been sought for was passed on 03.05.2013 in W.P.(C) No. 2148 of 2013, which is quoted hereunder:

(2.) PRAYER of the petitioner in the instant case is to direct the respondents to renew his license for Bar and Restaurant under Excise Form No. 9 and 10 being License No. 3/2012 - 13 for the period 2013 -14 for smooth running of the Bar and Restaurant. It is submitted that petitioner has tenancy agreement with the land lord for the period from 24.3.2012 to 23.3.2019, however on the objection of the land lord in relation to inter -se dispute, petitioner's license has not been renewed and show cause has been issued upon the petitioner vide Annexure -4. It is further submitted that petitioner has already responded to the said show cause notice vide Annexure -5, thereafter, petitioner has also submitted an affidavit to the effect of genuineness of the tenancy agreement. It is submitted that on wholly frivolous pretext, the matter of renewal of excise license of the petitioner is being delayed, which has caused serious loss to the petitioner and he is unable to carry out his business.

(3.) THE writ petition is disposed of in the aforesaid terms."