KRISHNA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In these writ petitions, the petitioners have prayed for declaring the provisions as contained in clause 13(Kha) of the various sale notifications dated 2.3.2009 and Rule 15 of the Jharkhand Excise (Settlement of Licence For Retail Sale of Country/Spiced Country Liquor) Rules, 2009 made by the Government under Section 89 of the Bihar Excise Act and also for declaring Notification No.647 dated 27.3.2009, so far as it provides that if one twelfth of the annual fee fixed for a shop is not paid by the licensee by 20th day of every month, interest at rate of 5% per day of default shall be calculated and realized, to be arbitrary, irrational, unfair, unjust, unreasonable and ultra vires the provisions of the parent Act and also violative of Article 14 of the Constitution of India. The petitioners have further prayed for quashing of the Certificate Proceedings which have been initiated against them.

(2.) In exercise of power under Section 89(1) and 89(3) of the Bihar Excise Act (adopted by the State of Jharkhand), the rules providing for settlement of licences for retail sale of liquor, namely, the Jharkhand Excise (Settlement of Licence For Retail Sale of Country/Spiced Country Liquor) Rules, 2009, was framed by the State Government and published in the Jharkhand Gazette, vide Notification no.647 dated 27.3.2009. Rule 15 of the said Rules provides, interalia, that if any licensee fails to pay one twelfth of the licence fees fixed for the shop by 20th of every month, interest at the rate of 5% per day shall be calculated and realized from him.

(3.) Pursuant to the policy decision dated 20.2.2009, the State Government issued various sale notifications dated 2.3.2009 in the State of Jharkhand including the districts ofHazaribagh, Ramgarh and Giridih by the respective District Commissioners. As required under clause 13(kha), the petitioners deposited a sum equivalent to one twelfth of the annual licence fees fixed for the shop as advance licence fee and thereafter the licence in requisite statutory Forms were issued to them by the Deputy Commissioners. The petitioners were selected for various groups of liquor shops as noted below.The details of the liquor shops for which the petitioners were selected and sale notifications and details of amount claimed in relevant certificate proceedings are as follows:- <FRM>JUDGEMENT_1512_TLJHAR0_2014_1.html</FRM>