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Judgment
Letters Patent Appeal has been filed against the order of 1st July, 2002 in C.W.J.C. No. 5862/2002.
The Appellant faced a certificated action for realisation of Rs. 11,54,640/- (sic) penalty on excise not paid. During the relevant year 1984-85 the Petitioner (sic) been given license for manufacture and wholesale supply of country liquor. The Petitioner accepts in para 12 of writ Petitioner that there was a severe crisis of supply of country spirit in the entire State of Bihar. The Petitioner relied on this plea. The fact that liquor had not been supplied at Government warehouses is not in issue, whether default was willful or not is an aspect which is being made an issue be(sic) the court but this cannot be enquired (sic) a writ petition. If the Recovery Officer was declined to give relief to the Petitioner (sic)n the only recourse is to file an appeal u/s 16 of the Bihar and Orissa public Demand Recovery Act, 1940 (sic- (sic)914?). Apparently the writ petition was (sic) only to obtain a stay order so that the Petitioner could escape the stipulation of payment of 40% of the revenue which is due. This Court cannot interfere with the stipulation of law.
In the circumstances, the Court does not find any ground to interfere with the order of the learned Judge declining to interfere in the writ petition.
Dismissed.