BIMLA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, in this writ application, has prayed for a direction on the respondents to accept and adjust the payment made by her for the month of November and December, 2002 towards her licence fee. The petitioner claimed to have deposited an amount of Rs. 1,74,313/ - by Cheque No. 976568, dated 14.1.2003 drawn on State Bank of India, Sahebganj Branch, which was duly credited into the State Account, as per the Bank's Certificate. An amount of Rs. 11,000/ - is to be also adjusted against the value of stock given at the request of Excise Sub - Inspector. A total amount of Rs. 1,84,140/ - has been deposited towards the licence fee for two months. The petitioner has further prayed for a direction on the respondents for allowing her to sell the left over stock of the spiced/country/foreign liquor of the said two months. The petitioner has also prayed for quashing the Memo No. 220, dated 10.5.2004 (Annexure -12), passed by the Superintendent of Excise, Sahebganj (respondent No. 3), whereby the representation filed by the petitioner has been rejected by the said respondent, directing her to deposit two months' licence fee, only because the petitioner had inadvertently mentioned in the appeal, preferred before the Excise Commissioner, Ranchi that the said amount has not been paid.

(2.) ACCORDING to the petitioner, the said authorities have not taken into consideration the record of the payment made and the certificate of the Bank showing the credit of the said amount into the State Account.

(3.) THE impugned Annexure -12 is said to be issued by the Superintendent of Excise, Sahebganj, in which it has been mentioned that the license fee for two months amounting to Rs. 1,84,140/ - has not been deposited by the petitioner. However, the said order does not mention the depositor's name and the petitioner's name of having deposited the amount by Cheque No. 976578, dated 14.1.2003 has not been mentioned.