ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 16-01-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

“(i) For issuance of writ of certiorari, quashing the communication dated 13.06.2017, as contained in letter no.2556 passed by the Excise Commissioner, Bihar and communicated to the Deputy Commissioner of Excise (Distillery & Warehouses), Bihar, by which the application of the petitioner for refund of the advance license fee deposited for the month of March, 2015 and the license fee from 23.09.2015 to 30.09.2015 totalling Rs.8,34,973.00 has been rejected solely on the ground that the Hon’ble Patna High Court vide its judgment and order dated 29.03.2016 passed in C.W.J.C. No.15685 of 2015 has merely directed for restoration of the license;

(ii) To direct the respondents to refund the aforesaid amount of Rs.8,34,973.00 along with interest @ 18% per annum from the date of its deposit to the date of its actual refund;

(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. On 20.01.2021, the following order was passed:

“Heard in part.

Let counter affidavit be positively filed within one week. Rejoinder, if any, be filed within two weeks thereafter.

List on 04.02.2021.”

3. Till today, respondents have failed to comply the order dated 20.01.2021. Further time cannot be granted for compliance of the order dated 20.01.2021. Therefore, we proceed to pass order with the available records.

4. Core issue involved in the present lis is whether the petitioner is entitled to one month advance license fee to be refunded to him or not?

5. The brief facts of the case are that the petitioner was a liquor license holder and he had a valid license for the period from 01.04.2015 o 31.03.2016. Policy of the State Government in respect of liquor license is concerned, the concerned liquor trader who intends to have license, he is required to deposit one month license fee in advance and it was paid by the petitioner.

6. On certain alleged allegations relating to violation of certain provisions of the Excise laws, the jurisdictional Superintendent of the Excise invoked his power and proceeded to impose penalty of Rs.51000/- instead of cancellation of the license which stood as on 26.05.2015, the date on which the penalty of Rs.51000/- was imposed. Petitioner has not questioned the imposition of fine. Simultaneously the Collector with reference to the same alleged incident proceeded to cancel the license on 22.09.2015.

7. Feeling aggrieved by the action of cancellation of licence by the Collector, Lakhisarai, petitioner invoked the remedy of filing writ petition bearing C.W.J.C. No.15685 of 2015 and it was allowed on 29.03.2016. In this backdrop, the petitioner intends to have benefit of refund of one month advance license fee from the respondents/Excise Department. The same has been turned down on 13.06.2017. Hence, the present writ petition.

8. Learned counsel for the petitioner submitted that having regard to the fact that cancellation of licence dated 22.09.2015 has been set aside, the consequence follows. In the light of paragraph-46 of the order dated 29.03.2016 passed in C.W.J.C. No.15685 of 2015, consequence means whatever the benefit which is required to be adjudicated in respect of the petitioner is concerned and it is to be settled by the official respondents like one month advance license fee, which was remitted by the petitioner at the time of obtaining license for the period from 01.04.2015 to 31.03.2016.

9. Learned counsel for the petitioner submitted that in effect quashing of the order dated 29.03.2016 results in restoration of position as on 22.09.2015. It is submitted that orders of this Court is dated 29.03.2016. Thereafter, only two days had left over for the purpose of utilizing the license issued on 01.04.2015 and it is impracticable. In effect, the petitioner is entitled to refund of one month a