ORDER : G.S. Singhvi, B.S. Chauhan, JJ. Leave granted in the special leave petitions. 2. These appeals are directed against the orders passed by the learned Single Judges of Allahabad High Court in different writ petitions whereby the demands created by the competent authority for the balance licence fee in relation to the country liquor shops allotted to the respondents have been quashed. 3. We have heard learned counsel for the parties at some length and scrutinised the records. 4. A perusal of the order passed by the learned Single Judge in Indira Devi v. State of U.P., (2005) 60 ALR 58 shows that the same is entirely based on the judgment of this Court in State of Maharashtra and others v. Deokar's Distillery (2003) 5 SCC 669 . The passage of Deokar's judgment on which reliance has been placed by the learned Single Judge of the High Court for holding that in the absence of any provision in the Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules, 2002, balance licence fee cannot be recovered from the respondent after cancellation of the licence has been culled out from the dissenting judgment, which obviously does not represent the majority view. On this ground alone, the appeals deserve to be allowed. 5. We may have ourselves adjudicated upon the merits of the issues raised in the writ petitions filed by the respondents but it is not possible to do so because neither of the parties has produced copies of the licences issued in favour of the respondents for retail sale of country liquor and the orders passed by the District Collector cancelling the same and, without going through those documents, this Court cannot pronounce upon the legality or otherwise of the respondents' challenge to the demand of balance licence fee. 6. In the result, the appeals are allowed. The impugned orders are set aside and the cases are remitted to the High Court for fresh disposal of the writ petitions filed by the respondents. The parties may, if so advised, file additional affidavits along with relevant documents within a period of eight weeks from today. 7.
6. In the result, the appeals are allowed. The impugned orders are set aside and the cases are remitted to the High Court for fresh disposal of the writ petitions filed by the respondents. The parties may, if so advised, file additional affidavits along with relevant documents within a period of eight weeks from today. 7. Since the matter relates to recovery of the public dues, we consider it proper to request the High Court to make an endeavour to dispose of the writ petitions, as early as possible, but latest within a maximum period of six months from the receipt/production of a copy of this order. Appeals allowed.