(Per: HONOURABLE THE CHIEF JUSTICE)

These two Writ Petitions under Article 226 of the Constitution have been filed by the retail sellers of liquor. The challenge is against the direction of the Managing Director, Bihar State Beverage Corporation Limited (hereinafter referred to as `the Corporation’) issued on 29th August 2013 to recover distribution fee of Rs.3/- per LPL (London Proof Liter) of foreign liquor and of Rs.3/- per BL (Bulk Liter) of beer, from 1st April 2013 to 16th April 2013.

2. Learned advocate Mr. Satyabir Bharti has appeared for the petitioners. He has submitted that the petitioners being the licencee for retail sale of foreign liquor/beer, they had purchased the stock from the Corporation at the maximum retail price fixed by the State Government and printed on the container. Under the terms of licence, they are supposed to make retail sale at the price printed and not more. Although the Corporation is not empowered to levy any fee upon the retail sellers, under the guise of distribution fee the Corporation seeks to recover the additional amount illegally and without authority of law.

3. In support of his submission, Mr. Bharti has relied upon rules 20(iii)