JUDGMENT :

1. Both the petitions involve the interpretation of provisions of law which is similar, as such, they are being decided by means of the common judgment.

2. Facts of Writ – C No.9330 of 2016:

i. The petitioner was granted a license for retail sale of foreign liquor at Mohammadabad, District Gazipur for the excise year 2009 – 10 under the Uttar Pradesh Excise (Settlement of License for Model Shop of Foreign Liquor) Rules, 2003 (hereinafter referred to as ‘the 2003 Rules’) and the said license was renewed up to the year 2015-16. It is alleged that an FIR was lodged against the petitioner, which was registered as Case Crime No.67 of 2015 at P.S. Mardaha, District Gazipur under Section 60 of the U.P. Excise Act read with Section 392, 411 & 120B IPC. In pursuance to the said FIR, the joint residential premises of the petitioner as well as his brother Krishna Gopal Rai was searched and a seizure memo was prepared on 17.4.2015 (Annexure – 6 to the petition). In the said seizure memo, it was averred that in the house, which is jointly owned by the petitioner as well as his brother, at the instance of the informer, a raid was carried out and in the boundary wall inside the house at the North West corner 14 crates of liquor were recovered and a sample was drawn from each of the said crates.

ii. Based upon the said recovery, the petitioner was issued with a show-cause notice dated 23.4.2015 calling upon the petitioner to show-cause as to why, in exercise of powers under Section 34(3) of the United Provinces Excise Act (hereinafter referred to as ‘the Act’) read with Rule 17(3) of the 2003 Rules, steps may not be taken for cancellation of the license and entire amounts such as renewal fee, license fee and security etc. may not be confiscated.

iii. The petitioner submitted a reply to the said show-cause notice, which did not find favour with the Collector, Gazipur who proceeded to pass an order on 1.6.2015 cancelling the license and directed for confiscation of the entire fees etc., as well as the goods which were kept in the licensed premises of the petitioner.

iv. The petitioner preferred an appeal against the order dated 1.6.2015, which too was dismissed on 27.7.2015 and the revision preferred was also dismissed on 17.3.2016. The said orders are under challenge.

3. Learned counsel for the petitioner fairly states that the shop cannot be restituted to the petitioner and confines his submissions to the illegal confiscation of the renewal fees, license fees and the security deposit as well as the confiscation of goods which were lying at the licensed premises of the petitioner and have been subsequently auctioned.

4. Facts leading to filing of Writ – C No.9388 of 2016 is as follows:

i. The petitioner was granted license for retail sale of country liquor shops at Dubiha and Bathor, District Gazipur for the Excise Year 2009-10 and 2011-12 in terms of the provisions of Uttar Pradesh Excise (Settlement of Licenses for Retail Shop of Country Liquor) Rules, 2002 (hereinafter referred to as ‘the 2002 Rules’). The said two licenses granted to the petitioner were renewed up to 201516 and subsequently on the basis of an FIR lodged against the petitioner, a search was carried out at the premises which was being used as a residence by the petitioner alongwith his brother Ramesh Chandra Rai. In the said seizure memo prepared on 17.4.2015 (Annexure – 6), 14 crates of liquor were recovered from the North West portion of the house. In view of the said recovery, a show-cause notice was issued to the petitioner on 23.4.2015 (Annexure – 7) calling upon the petitioner to show-cause as to why steps may not be taken in purported exercise of powers under Section 34(3) of the Act read with Rule 21(3) of the Rules for cancellation of the license and for confiscation of the entire amounts deposited by the petitioner.

ii. The petitioner gave a reply to the said show-cause notice on 5.5.2015, however, the same did not find favour with the District Magistrate who pro