Ankita Chemicals vs The State of Bihar and Others

M/s Ankita Chemicals has filed the present writ petition seeking relief that the order issued vide memo No. 601 dated 23 February, 2001 by the Excise Commissioner, Bihar, Patna, Respondent No. 2, rejecting the application of the Petitioner for grant of licence in Form No. 24 of the Bihar Excise Act for the storage and use of methylated alcohol for manufacture of N.C. Thinner be quashed.

The contention of the petitionei is that he had purchased a sick unit from the Bihar State Financial Corporation and had obtained a small scale industry registration, for manufacturing N.C. Tnin-ner, in the name of the unit. This unit was named as M/s Ankita Chemicals.

The Court had issued notices on the petition. The defence of the State is that as a policy, units manufacturing varnish or thinner are not accepted as industries and in the circumstances no licence is granted to these units for possessing methyl alcohol (CH3 OH). The State of Bihar has given its reasons why a licence is not granted to these units which manufacture varnish or thinner as methyl alcohol, otherwise not meant for human consumption, as it lends itself to misuse and irregular practice as an item for consumption.

Discrimination is not the plea of the Petitioner that it has been singled out in being denied the licence. It is not the case of the Petitioner that others were granted and the Petitioner was denied.

The balance which remains is the policy of the State of Bihar not to permit licences to those units which manufacture varnish and thinner. The Petitioner comes in the latter category.

A Writ cannot be issued by the High Court requiring the State to change its policy.

In the circumstances, no writ can be issued on the present petition.

Dismissed.