ORDER 1. On 7th June, 2007, the State Government in exercise of power conferred by Section 89 of the Bihar Excise Act, 1915 has made the Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/Beer and Composite Liquor Shop) Rules, 2007. Rules 15 & 16 of the said Rules are as follows:- "15. Payment of Advance Security.-After the acceptance of settlement through lottery by the licensing Authority, one twelth portion of the annual licence fee shall be paid by the settlee as a security money and an equal amount i.e. 1/12th of the annual licence fee shall be deposited by the settle as a advance licence fee which will be adjusted in the last month of the Excise year:- (a) An amount equivalent to one twelth portion of annual licence fee and the similar amount of security money in advance shall be deposited immediately in cash or in the form of Bank draft after the settlement. (b) The payable amount as per Rule 15(a) of these Rules shall be deposited immediately after the settlement or may be deposited within three days of settlement by the written order of the Licensing Authority. "16. Default in Advance Security-In case of failure to deposit the amount of advance security and the advance licence fee, as mentioned in Rule 15 of these Rules within the prescribed time, the settlement shall stand cancelled and the deposited amount, if any, shall be forfeited to the Government and shop shall be settled with the candidate at serial number two and three in descending order of the seriatem in the lottery." 2. In the instant case, the writ petitioner participated in the lottery held for settlement of liquor shops. In the lottery, in respect of a particular shop, the petitioner secured the first place. As a requirement of Rule 15 of the said Rules, the petitioner was required to deposit a sum of Rs.50,000/- as and by way of advance security. Petitioner deposited the same. Petitioner was also required to deposit licence fee of equal amount in terms of Rule 15 of the said Rules. No part of such licence fee was deposited. Petitioner requested for extension of time to deposit such licence fee or refund of the advance security. This request was made on 30th June, 2007. The settlement was to be effective from 1st July, 2007. No part of such licence fee was deposited. Petitioner requested for extension of time to deposit such licence fee or refund of the advance security. This request was made on 30th June, 2007. The settlement was to be effective from 1st July, 2007. The reason for seeking this extension was that the petitioner did not get possession of the shop, which he had selected for opening the liquor shop upon obtaining the licence. 3. It does not appear that the request for extension to deposit the licence fee was addressed, but at the same time it is an admitted fact that even within three days from the date settlement becoming effective, no part of the licence fee was deposited by the petitioner. In terms of the provisions contained in Rule 15 of the said Rules, the authorities were entitled to grant extension of three days only for making a deposit, as was required to be made in terms of Rule 15 of the said Rules. They could not grant an extension for more than three days. Inasmuch as the petitioner failed to deposit the licence fee required to be deposited by him, in terms of the mandate contained in Rule 16 of the said Rules, the advance security deposited by him stood forfeited to the Government. 4. The present writ petition is for, cancellation of such forfeiture and for a direction upon the Government to refund the advance security of Rs. 50,000/- paid by the petitioner to the Government. 5. What the petitioner is seeking in this writ petition is not in consonance with law. On the contrary the same is diagonally opposite to what has been mandated by law. We are, therefore, not in a position to issue a direction as has been sought for in the present writ petition. 6. The writ petition, accordingly, fails and the same is dismissed preserving the right of the petitioner to challenge, if he is so advised, the provisions contained in Rule, 15 & 16 of the said Rules.