Jharkhand High Court
Bablu Kumar Mahto vs State Of Jharkhand & Others on 3 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 972 of 2020
........
Bablu Kumar Mahto .... ..... Petitioner
Versus
State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
............
For the Petitioner : Mr. Rajesh Kumar, Advocate.
For the Respondents/State : Mrs. Vandana Sinha, A.C. to
Mr. P.A.S. Pati, G.A.-II.
........
02/03.03.2022.
Heard, learned counsel for the petitioner, Mr. Rajesh Kumar
and learned counsel for the respondents/State, Mrs. Vandana Sinha,
A.C. to Mr. P.A.S. Pati, G.A.-II.
Learned counsel for the petitioner has submitted that petitioner
has preferred this writ petition, being aggrieved by the letter issued
by the office of the Assistant Commissioner, Excise, Ranchi, as
contained in Memo No. 173 dated 03.02.2019, whereby prayer of the
petitioner for refund of Rs. 12,00,000/- against Bar / Restaurant
License for Financial Year 2017-18 and Refund / adjust Rs.
4,00,000/- against Bar / Restaurant License for Financial Year 2018-
19, total Rs. 16,00,000/- has been rejected.
Learned counsel for the petitioner has further submitted that
petitioner was granted a license in the name of "Mehta Bar &
Restaurant" and the petitioner has earlier came before this Hon'ble
Court in W.P. (C) No. 4680/2018 for a direction upon the
respondents to return Rs. 12 Lacs which was deposited by the
petitioner towards the bar license fee for the financial year 2017-18
for only four days till the end of the financial year i.e. 31.03.2018
pursuant to the verbal order of the Assistant Commissioner, Excise,
Ranchi.
Learned counsel for the petitioner has further submitted that as
per Schedule-XVI, which has been brought on record as Annexure-3
to the writ petition, the license fee of bar and restaurant situated near
National Highway was Rs. 12,00,000/-, but petitioner has
subsequently shifted his bar and restaurant from National Highways-
33, which was situated at a distance of 500 meter from National
Highway within Gagari Gram Panchayat under Khata No. 139, Pot
No. 806, Area-0.15 decimals, which comes under the Village, in
view of the judgment passed by the Apex Court in the case of State
of Tamil Nadu Vs. K. Balu & Another, reported in (2017) 2 SCC
281, wherein it has been held at para-29.5 that:-
29.5 No shop for the sale of liquor shall be (i) visible
from a national or State highway; (ii) directly
accessible from a national or State highway; and (iii)
situated within a distance of 500 m of the outer edge of
the national or State highway or of a service lance
along the highway.
Learned counsel for the petitioner has thus submitted that the
demand is illegal.
Learned counsel for the respondents/State has opposed the
prayer and has submitted that grant of license is not a fundamental
right. The condition has been imposed by the Excise Department to
pay Rs. 12,00,000/- as petitioner's earlier license was for bar and
restaurant on the National Highway. Even after shifting the bar and
restaurant from the National Highway, the same comes within 500
meters from the National Highway, as such, this Court may not grant
mandamus in that type of writ petition.
In reply, learned counsel for the petitioner has submitted that
bar and restaurant of the petitioner is not within 500 meter from the
National Highway.
Considering the disputed question of fact, the grant of license
in excise matter is not a fundamental right, as such, this Court is not
inclined to interfere with the impugned order.
Accordingly, the writ petition is hereby dismissed.
(Kailash Prasad Deo, J.)
Sunil/-
