Raj Kumar Singh vs State of Jharkhand & Ors

Learned counsel for the petitioner undertakes to remove the following surviving defects by Tuesday.

Addressed portion may be corrected.

'True' word may be mentioned in para 5 of the affidavit.

Fresh/typed copies of page no. 79, 83 to 90 may be given.

Typed copy of page no. 80 may be given.

Office to place the file for inspection and removal of defects on requisition being made within this time. Office to verify.

Learned counsel for the petitioner submits that the liquor license of the petitioner settled for the Block Year 2019-22 was renewed for the second year i.e., 2020-21, but the same has been put on auction by the notice dated 23 rd February, 2021 (Annexure-5) as also by the notice impugned in the Interlocutory Application No. 2044 of 2021 bearing Memo no. 443 dated 25th March, 2021. The liquor shop of the petitioner has been sealed with effect from 1st April, 2021. Out of advance security deposit Rs. 46,78,913/-, a sum of Rs. 30,16,413.40 paisa has been refunded after adjustment of the remaining amount towards Excise Duty and Excise Transport Duty for the month of March. Earlier Annexure-3 bearing Memo no. 236 dated 22nd February, 2021 was issued by the Assistant Commissioner, Excise, Ranchi in the nature of a show cause asking the petitioner to deposit an amount of Rs. 84,29,783 comprising Excise Duty and Excise Transport Duty to the tune of Rs. 15,63,720/- and late fine of Rs. 68,660,63/- in terms of Para-25(iv) of Jharkhand Excise (Settlement and Handling of Shop for retail sale of liquor) Rules, 2018. It is contended that the show cause notice was duly replied by the petitioner, though it is vague as to the period regarding which there has been default in payment of Excise Duty and Excise Transport Duty. In the aforesaid circumstances, petitioner has been compelled to approach this Court as petitioner's shops are being put to auction tomorrow i.e., 9th April, 2021.

Learned counsel for the respondent-State has submitted on telephonic instruction that petitioner had failed to apply for renewal of the liquor licence by the cut-off date.

Learned counsel for the respondent is allowed time to seek instruction and file counter affidavit by 17th April, 2021. Petitioner, if so advised, may file reply thereto.

Matter be listed on 20th April, 2021.