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2023 Supreme(Pat) 849

P. B. BAJANTHRI, JITENDRA KUMAR
Karya Nand Singh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Satyabir Bharti, Kanupriya, Sushmita Sharma.
For the Respondents: M/s Sunil Kumar Mandal, SC-3, Bipin Kumar, AC to SC-3.

P. B. Bajanthri, J. – In the instant petition, the petitioner has prayed for the following relief: –

“(i) Issuance of writ of certiorari, quashing the order, dated 24.5.2016, as contained in memo No. 1233 (Annexure- 7), passed by the Assistant Commissioner of Excise, Rohtas, Sasaram, by which the application of the petitioner for refund of the advance license fee and movement fees deposited for the month of March, 2016 on the ground that the respondents had miserablv failed to ensure supply of country liquor to the retail liquor shops of the petitioner in the month of March, 2016, has been rejected on the pretext that in terms of clause 21 of the sale notification, the petitioner is not entitled for any compensation or refund of license fee.;

(ii) To direct the respondents to refund the advance license fee of Rs.6,79,500.00 and movement fee of Rs.57,850.00, totalling Rs.7,37,350.00 deposited the petitioner as advance license fee and movement fee respectively for the month of March, 2016;

(iii) To pass such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper in the facts and circumstances of the case.”

2. Brief facts of the case is that the petitioner was a

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