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MANOJ K.TIWARI
AMIT SAJWAN – Appellant
Versus
EXCISE COMMISSIONER – Respondent
JUDGMENT
By means of this writ petition, petitioner has sought the following reliefs:-
“1. A writ, order or direction in the nature of certiorari to quash the order dated 18-08-2006 passed by Respondent No.1 and order dated 29-11-2005 passed by Respondent No. 2.
2. A writ, order or direction in the nature of mandamus commanding the Respondents to remit Rs. 20,33,339.00 which have been deposited by the Petitioner before Respondents baring the period for which the Petitioner was actually allowed to run the country liquor shop i.e. one month.
3. A writ, order or direction in the nature of mandamus commanding the Respondents to suitably compensate the petitioner for financial loss incurred by the petitioner.
4. A writ, order or direction in the nature of mandamus commanding the Respondents not to initiate any recovery proceedings against the petitioner."
2. According to the petitioner, in the year 2005, he was permitted to open a country liquor shop at Zero Point, Kempty Road, Mussoorie, District Dehradun and the shop was opened by him on 06.06.2005, but after nine days, Competent Authority asked petitioner to close the shop and shift it to some other location. It is further, the case o
Foreign liquor shop - Exemption from payment of license fee - Period during which liquor shops of petitioners had to remain shut on account of orders passed by District Collectors under Section 24 of....
The State Government holds the authority to regulate excise shop locations and close them without notice if due procedure was followed.
The main legal point established is that a licensee is not liable to pay the licence fee for the period when the business premises remained closed, and the demand for penal interest is not justified ....
The main legal point established is that the disputed factual questions should be adjudicated by the competent authority, and the grant of license in excise matter is not a fundamental right.
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