Ramaswami, J.

1. In this case the petitioner Ramnath Prasad has obtained a rule from the High Court asking the respondents to show cause why a writ in the nature of certiorari should not be issued to call up and quash an order of the Collector of parbhanga dated 4-9-1953, cancelling a licence of a country liquor shop and forfeiting the security deposit in respect thereof. Cause has been shown by the Advocate General on behalf of the Collector of Darbhanga- and the other respondents.

2. The petitioner is a licensee of a country liquor shop located at Samastipur in the district of Dar- bhanga. The petitioner had obtained licence for the period from 1-4-1953 to 31-3-1954. On 11-6-1953 the Superintendent of Excise, Mr. S. K, Sinha, made a surprise visit to the country liquor shop and upon inspection found thirty-three bottles containing diluted liquor and in short measure. Nine of these bottles were kept on the counter and twenty-four bottles of liquor were in two baskets on the verandah of the liquor shop. It appears that these baskets were being attempted to be removed from the shop by a man called Sadhu Saran during the course of the inspection but the Excise peon, Umaiant J