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2018 (7) TMI 2056 - HC - Indian LawsRefund of License fee - refund of proportionate amount of license fee calculated at the rate of Re. 1.00 L.P. Litre on the Minimum Guarantee Quantity (MGQ) of country liquor - unlawful closure of its/their manufacturing and bottling plant - HELD THAT:- One thing is admitted that prior to sealing of the premises on various occasions the license of the petitioner was neither suspended nor cancelled by the authorities of the Excise Department, on one occasion when the Excise Commissioner passed an order dated 20.01.2016 (Annexure-11) suspending the license of the petitioner for a period of 90 days which was beyond the actual period of license of the petitioner, the Board of Revenue was pleased to grant interim stay of the order dated 20.01.2016 and it was directed that the petitioner shall be permitted to operate its licensed premises. Considering the pleadings available on the record, we find that in the case of M/s Welcome Distilleries also the premises of the petitioner was sealed on different occasions as stated in the writ application without affording the petitioner a reasonable opportunity to show cause. There is no denial of the statement of the petitioner that the order of suspension was passed without show cause notice to the petitioner by the Excise Commissioner and that the Excise Commissioner was not competent in law to pass such order of suspension. The prayer made by the petitioner to hold and declare that the repeated sealing and closure of the licensed premises of the petitioner for a total period of 95 days is wholly without any authority in law, and therefore has no liability for payment of the differential amount and license fee for the period of unlawful and illegal closure is fit to succeed and be allowed. The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar and the Excise Commissioner, Government of Bihar, are directed to consider the quantum of the license fee and the excess differential amount recovered from the petitioner(s) in all these cases for the period their premises remained unlawfully sealed/closed and refund the entire excess amount to the petitioner(s) within a period of three months from the date of receipt/production of a copy of this orders. Application disposed off.
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