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2022 Supreme(Jhk) 208

SUJIT NARAYAN PRASAD
Spencer Distilleries and Breweries (Pvt. Ltd. ) – Appellant
Versus
State of Jharkhand through Secretary, Excise Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. P.P.N. Roy, Sr. Advocate, Mr. Shekhar Sinha, Advocate
For the Respondent: Mr. P.A.S. Pati, S.C.-IV

ORDER :

The instant writ petition, under Article 226 of the Constitution of India, has been filed seeking following reliefs:

    (I). For issuance of writ of certiorari for quashing the order contained in Memo No. 93 dated 15.01.2013 issued by Secretary-cum-Commissioner, Excise and Prohibition Department, Govt. of Jharkhand whereby and whereunder pursuant to the order dated 03.10.2012 passed in W.P.C No. 5527/07, the claim of the petitioner has been rejected for refund of Rs. 8,69,035/- along with statutory interest deposited by the petitioner towards export pass fee on the ground that the petitioner suo motu deposited the said amount for furthering his businesses interests, and as such the same cannot be refunded to him;

(II). For a direction on the Respondents to make a refund of Rs. 8,69,035/- deposited by the petitioner along with statutory interest towards export pass fee for export of beer in view of direction contained in letter no. 280 dated 22.02.2006 (since quashed vide order dt. 03.10.2012 passed in W.P.C. No. 5527/2007).

2. The brief facts of the case, as per the pleadings made in the writ petition, which requires to be enumerated reads under as :

    Petitioner is a private limited

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