TMI Blog2017 (3) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... tha festival which has already been waived will be deducted from the total outstanding dues - In case the petitioner deposited total outstanding dues within one week, the respondents will not take any coercive action against the petitioner, failing which the respondents shall be free to take action against the petitioner keeping in view the notification dated 05/02/2016 and u/s 31 of M. P. Excise Act. As the respondents have only issued show cause notices, the present petition is certainly a premature petition - petition disposed off - decided in favor of petitioner. - Writ Petition Nos. 117/2017 and 680/2017 - - - Dated:- 7-2-2017 - S. C. Sharma And Rajeev Kumar Dubey, JJ. For the Petitioner : Ghan Shyam Yadav, Megha Jain, Rakes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay ₹ 47,925/- per day towards excise duty and the Basic Licence Fee for the shop is ₹ 14,37,750/- per month for Dediya. The petitioner has further stated that respondent/State has passed an order for closing the petitioner's shop in question for a period of one month and in spite of the fact that the petitioner has suffered loss, the respondents have issued a show cause notice dated 28/11/2016 (Annex.-P/1) directing the petitioner to deposit Basic Licence Fee and Annual Licence Fee and to submit his reply by 14/12/2016. Thereafter, a notification has been issued on 03/01/2017 for auctioning the shop in question. Learned counsel for the petitioner has vehemently argued before this Court that the respondents in spite of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 21/04/2016 is concerned by which the shops were closed for one month during Simhastha festival, at the time of issuance of order dated 21/04/2016 other persons have approached this Court against action of the Collector of Ujjain in respect of closure of liquor shop w.e.f. 22/04/2016 to 21/08/2016, this Court has refused to grant interim relief. A writ appeal was also preferred i.e. Writ Appeal No.173/2016 and the Division Bench has declined to interfere in the matter by order dated 30/04/2016. Later on the writ petition i.e. Writ Petition No.3025/2016 was dismissed as withdrawn with a liberty to file fresh writ petition vide order dated 17/06/2016. The respondents have further stated that the State Government has taken a decision for w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certainly not entitled for supply of the liquor. The respondents have already submitted that the petitioner at the most is entitled for adjustment of ₹ 17,49,300/- which is in respect of Simhastha period w.e.f. 22/04/2016 to 21/05/2016 and therefore, this Court is of the opinion that in case the petitioner clear the dues after deducting the exemption granted to him, the respondent shall be free to restore the supply of the petitioner in accordance with law keeping in view the terms and conditions of the agreement executed between the parties read with statutory provisions as contained under the M. P. Excise Act, 1915. The show cause notice has already been withdrawn by the respondents and the respondents have issued fresh show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tractor does not pay dues, Basic Licence Fees and Annual Licence Fee and a writ petition is certainly not maintainable against the show cause notice alone. The Apex Court in the case of Union of India Vs. Kunisetty Satyanarayana reported in 2006 (12) SCC, 28 has held as under:- 14. The reason why ordinarily a writ petition should not be entertained against a mere show-cause notice or charge-sheet is that at that stage the writ petition may be held to be premature. A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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