The main question arising in this case is whether the fee payable on the licence for sale of spirit can be fixed under the Excise Law of Bihar by holding public auction.

2. The petitioners in C.W.J.C. 876/84 were licensees of Country Liquor shops and those in C.W.J.C. 938/84 licensees for sale of foreign liquor and have by this application challenged the decision to settle the shops for the financial year 1984-85 by holding public auctions. These writ petitions and a large number of other similar applications (three of them being in relation to licences for sale of foreign liquor) were filed in February, 1984. The petitioners prayed for an interim order staying the proposed auctions pending admission of the cases. The prayer was refused with an observation that any step taken during the pendency of the cases would be subject to the result of the applications The cases were placed for admission on dates convenient to both sides. The main argument on behalf of the petitioners was addressed by Mr. Sidhartha Shanker Ray in the present case (C.W.J.C. 876) which was treated as the leading case. The learned counsels in other cases generally, adopted the argument, but some of them m