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Judgment
This petition has been filed by petitioner â€" M/s Prabha Star, a part-nership firm for issuance of direction to the respondent No.2 to immedi-ately
decide the stay application filed by the petitioner along with the memo of appeal against orders dated 04.08.2021 pending before him.
The facts of the case are that the State Government has formulated the Excise Policy for the financial year 2020-2021 vide gazette notifica-tion dated
25.02.2020 by which the State of M.P. has been geographically divided into four major cities namely; Bhopal, Jabalpur, Indore and Gwalior for the
purpose of equal groups in respect of sale of foreign and country-made liquor.
The petitioner submitted the bid in June, 2020 and being found suc-cessful bidder, it was issued licence for the period 26.06.2020 to 31.05.2021.
Subsequently, as per the Excise Policy for the year 2021-2022, the licences were renewed for the period 01.06.2021 to 31.03.2022. The petitioner was
issued FL-1 licences for retail sale of foreign liquor in respect of shops situated in Bilhari, Marhotal (Chungi Naka), Vijay Nagar, Mahanadda, Sharda
Chowk and Sadar. Likewise, in respect of retail sale of country liquor licence for Country Spirit (CS-2B) was issued for the shop situated at
Kakartaliya.
The respondent no.3 issued show cause notices to the petitioner on 18.06.2021 stating therein that during inspection of the aforesaid shops on
16.06.2021 it was found that foreign/country made liquor was being sold on a price more than the maximum price which was prescribed for sale. The
respondent No.3 passed separate orders on 04.08.2021 in respect of aforesaid seven shops holding that sale of liquor was found for more than the
maximum price fixed for sale and the same is in violation of clause 25.5 of instructions issued vide notification dated 25.02.2021 as also Clause XVI
and suspended the licence in exercise of powers under Sec-tion 31(1)(b) of 1915 Act of all the seven shops for a period of 5 days. It is observed that
on account of suspension of licence petitioner would nei-ther be entitled to any compensation nor refund of any fee deposited in re-spect of the above
licence.
The respondent No.4 in pursuance of orders dated 04.08.2021 passed by respondent No.3 contained in Annexures P-15 to P-21, passed the orders on
the same day contained in Annexures P-22 to P-28 prescrib-ing 5 days on which the petitioner’s licence shall remain suspended. Vide Annexures
P-21, P-23 and P-24, the licence shall remain suspended from 16.08.2021 to 20.08.2021 and vide Annexures P-25, P-26, P-27 and P-28 the licences
shall remain suspended from 21.08.2021 to 25.08.2021 in respect of the respective shops.
Learned counsel appearing for the petitioner submitted that the pe-titioner challenged the aforesaid orders in appeal under Section 62(2)(c) of the
Excise Act, 1915 before the respondent No.2 along with an applica-tion for stay on 10.08.2021 but the respondent No.2 has neither decided the appeal
nor the stay application.
Having regard to the facts of the case, the appellate authority is di-rected to take up the appeal for hearing on Monday i.e. 16.08.2021 for passing any
order on stay application, as it may deem fit, or for finally de-ciding the matter preferably before expiry of the period of suspension of licences.
With the aforesaid direction, the writ petition is disposed of.