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2021 DIGILAW 426 (JHR)

Chandan Kumar v. State of Jharkhand

2021-06-09

RAJESH SHANKAR

body2021
JUDGMENT : The present writ petition is taken up today through Video conferencing. The present writ petition has been filed for issuance of show cause to the respondents seeking explanation as to under what circumstance, they have reduced the Annual Minimum Guaranteed Revenue (AMGR) drastically from Rs. 3,00,00,000/- to Rs. 1,30,00,000/- for another shop to be allotted in the midst of the block period i.e., 01.04.2019 to 31.03.2022 particularly when the petitioner has been settled the liquor shop at saraidhela, Dhanbad in the same category in the beginning of the said block period at AGMR of Rs. 3,00,00,000/- and he shall be seriously prejudiced and discriminated if the respondents proceed to settle another liquor shop beside the petitioner’s shop (in the present case within 400 meters) at the reduced quantum of AGMR. The petitioner has also prayed for quashing the advertisement issued vide memo no. 211 dated 28.05.2021 (Annexure-4 to the writ petition) for settlement of retail excise shops in Dhanbad district for settlement of shop at Central Hospital Gate to Radhaswami Complex in group 08_DHN_F_18 in arbitrary and unreasonable manner at drastically reduced AGMR of Rs. 1,30,00,000/- as the petitioner’s shop which was settled to him at much higher rate of AGMR of Rs. 3,00,00,000/-is hardly about 400 meters away from the said shop to be settled and the same will adversely affect his entire business prospect. The petitioner, in alternative, has prayed for a direction upon the respondents to reduce the AGMR of the petitioner for the remaining period in connection with the licence issued to him so as to maintain uniformity in the matter of settlement of shops at the same locality as in absence of the same, the interest of various settlees including the petitioner will be adversely affected. 2. Mr. Ajit Kumar, the learned Senior Counsel for the petitioner, submits that on 22.02.2019, the Department of Excise and Prohibition, Government of Jharkhand issued an advertisement for settlement of several liquor shops at various places including the allotment of retail shop (IMFL) at Saraidhela, Dhanbad at AMGR of Rs. 3,00,00,000/- and other miscellaneous charges for the block period of three years (01.04.2019 to 31.03.2022) in terms with Jharkhand Excise (Settlement and Operation of Shops for Retail Sale of Liquor) Rules, 2018. 3,00,00,000/- and other miscellaneous charges for the block period of three years (01.04.2019 to 31.03.2022) in terms with Jharkhand Excise (Settlement and Operation of Shops for Retail Sale of Liquor) Rules, 2018. Pursuant to the said advertisement, the petitioner participated in the lottery process for settlement of retail liquor shop and on being successful, he was settled a retail liquor shop (IMFL) at Saraidhela, Dhanbad for the said block period of three years having Licence No. 012_FLX_DHN_19-20. Surprisingly, in the month of May 2021, the respondent no. 4 – the Deputy Commissioner, Dhanbad came out with a fresh advertisement issued vide memo no. 211 dated 28.05.2021 for allotment of retail liquor shops at various places including at Central Hospital Gate to Radhaswami Complex, Dhanbad in group 08_DHN_F_18 situated within Dhanbad Municipal Corporation. According to the learned Senior Counsel for the petitioner, the said advertisement dated 28.05.2021 is arbitrary, unreasonable and contrary to law as the settlement of retail liquor shops cannot be made after commencement of the Financial Year 2021-22 which is not permissible in view of the provisions of Rule 2 (xxviii) of Jharkhand Excise (Settlement and Operation of Shops for Retail Sale of Liquor) Rules, 2018. The learned Senior Counsel for the petitioner further submits that the petitioner is running his liquor shop at Saraidhela, Dhanbad at AGMR of Rs. 3,00,00,000/- for the block period of 01.04.2019 to 31.03.2022 and as such, fixing the AGMR for the shops to be settled in the same area at the reduced AMGR of Rs. 1,30,00,000/- will not only adversely affect the petitioner’s interest, but the same is also discriminatory and illegal. 3. Mr. Ashok Kumar Yadav, the learned GA-I appearing on behalf of the respondents, submits that after conducting a proper survey by the officers of the Excise Department, Government of Jharkhand, the impugned advertisement dated 28.05.2021 has been issued by the respondent no. 4 for settlement of retail liquor shops in the given areas. It is also submitted that the retail liquor shops to be settled in pursuance of advertisement dated 28.05.2021 are not in close proximity of the retail liquor shop being run by the petitioner. 4 for settlement of retail liquor shops in the given areas. It is also submitted that the retail liquor shops to be settled in pursuance of advertisement dated 28.05.2021 are not in close proximity of the retail liquor shop being run by the petitioner. It is further submitted that there is no illegality in taking steps for settling the retail liquor shops in the midst of the block period i.e., from 01.04.2019 to 31.03.2022 keeping in view the viability of opening of the said shops in the said areas. Nevertheless, if the petitioner had any grievance against settlement of retail liquor shop in terms with advertisement dated 28.05.2021, he should have agitated the same before an appropriate authority of the State Government. 4. Having heard the learned counsel for the parties and considering the nature of issue raised in the present writ petition, this Court is of the view that the case of the petitioner is required to be considered by an appropriate authority of the State Government. Hence, without entering into the merit of the case, the petitioner is directed to file a representation before the respondent no. 2 – the Secretary-cum-Commissioner, Department of Excise and Prohibition, Government of Jharkhand, Ranchi on the present issue by 11.06.2021. On receipt of the said representation, the respondent no. 2 after providing due opportunity of hearing to the petitioner/his representative, shall take an appropriate informed decision in accordance with law as expeditiously as possible preferably within a period of two weeks from the date of filing of the representation. 5. Till the said representation is disposed of by the respondent no. 2, the process of settlement of retail liquor shops in terms with impugned memo no. 211 dated 28.05.2021 (Annexure-4 to the writ petition) shall remain stayed. 6. The writ petition is accordingly disposed of with aforesaid direction.