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2008 Supreme(Pat) 1638

R.M.LODHA, KISHORE K.MANDAL
Nirmal Kumar Gupta, S/o Late Nand Lall Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Rule. Mr. Vikas Kumar, Junior Counsel to the Advocate General waives service for the respondents.

2. Looking to the short controversy involved in the writ petition, we propose to dispose of the rule at this stage itself. We proceed accordingly.

3. The brief facts are thus:-

For the year 2006-07, a notification was published for settlement of Excise shops in Kishanganj district. The date of settlement was fixed on 23rd March, 2006. In so far as Group ka shops comprising of six country spirit and three spiced country liquor shops in Kishanganj district were concerned, the settlement could not be effected on that date. Consequently, the Collector, Kishanganj issued a second notification on 17th May, 2006 for settlement of Kishanganj Group ka shops. On 5th June, 2006, Group ka shops of Kishanganj district consisting of six country spirit shops and three spiced country spirit shops, the highest of the petitioner at a monthly licence fee of Rs. 8,29,600/- was accepted. The petitioner claims to have deposited advance security amount of Rs. 8,29,594/- on 7th June, 2006 and Rs. 8,29,600/- on 22nd June, 2006. On 30th June, 2006, the Collector, Kishanganj moved the Commissioner of




















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