Lokeshwar Singh Panta, J.—M/s. Madan Lal Jagjit Kumar and Company Wine Contractors through its partner Madan Lal has filed this writ petition under Articles 226/227 of the Constitution of India praying for the issuance of a writ in the nature of certiorari quashing the notices Annexures P-7, P-9 and P-10 and further for the issuance of the writ in the nature of mandamus directing the respondents not to charge/collect the license fee of the closed vends of Manpura and further for issuance of appropriate writ restraining the respondents from sealing/closing other liquor vends of the petitioner-Company and/or for the issuance of any other suitable writ, order or direction which this Court may deem fit and proper in the facts and circumstances of the case.

2. The petitioner-Company (hereinafter referred to as the licensee) is engaged in the business of sale of liquor in the State of Himachal Pradesh. The Excise and Taxation Department of the State of Himachal Pradesh auctioned the retail vends of Country Liquor, Foreign Liquor, Beer and other fermented liquor in Himachal Pradesh for the financial year 1995-96 vide Annual Auction Announcements Annexure P-7. The licensee being the highest bidder was allotted the liquor vend licenses of L-2, L-10 and L-14 of Nalagarh group comprising of Nalagarh Unit, Barotiwala Unit and Kasauli Unit for the period from 1.4.1995 to 31.3.1996. The case of the licensee in this writ petition is that for each of the vends, separate licence was issued by the Additional Excise and Taxation Commissioner (South Zone)-cum-Collector (Excise), Shimla-respondent No. 3 herein in which separate license fee and the quota of the country liquor was mentioned. But however, the licenses of L-2 and L-14 for Manpura vends were not issued to the licensee. L-14 country liquor vend of Manpura was allotted to the licensee for licence fee of Rs: 6.75 lakh and L-2 English Wine Shop of Manpura for licence fee of Rs. 2.80 lakh. The licensee was directed on April 1, 1995 by the Department not to start/open the liquor vends of Manpura area because some direction/stay of the opening of the liquor vends at Manpura was issued by the High Court of Himachal Pradesh in a writ petition and as per the direction of the Department, the licensee could not open/start the liquor vends of L-2 and L-14 licenses from April 1, 1995 at Manpura. The Excise and Taxation Commissioner, Himachal Pradesh-respondent No. 2 herein addressed a letter dated 15th April, 1995 (Annexure P-2) to respondent No. 3 conveying the decision of the State Government to shift L-2 and L-14 vends of Manpura to a suitable place outside the area of Manpura Panchayat. Thereafter in view of the orders of this Court, a letter dated 4th May, 1995 (Annexure P-3) was written by the Assistant Excise and Taxation Commissioner, Solan-respondent No. 4 herein to the licensee directing him to start functioning of L-12 and L-14 vends of Manpura at Mastanpura immediately.

3. According to the licensee, no suitable place was provided at Mastanpura by the respondents to enable the licensee to open the vends and as such the Department assured the licensee that since it was not possible to start the vends, the licences of L-2 and L-14 would be withdrawn. On 15.9.1995 a letter (Annexure P-4) was written to the licensee by the Excise and Taxation Officer, Nalagarh conveying the decision of the respondent No. 3 directing the licensee to get the licences of L-2 and L-14 vends of Manpura opened at village Khera and collect the site plan of the vends of the premises approved from the Excise and Taxation Officer, Nalagarh. The licensee submitted reply dated 18.9.1995 to the Excise and Taxation Officer, Nalagarh, a copy thereof is placed on record as Annexure P-5 in which it was submitted that the licensee was ready to start the vends at Mastanpura if suitable place was provided and the proportionate licence fee was settled by way of negotiations but inspite of the reply, no negotiations were he