Court No. - 21
Case :- WRIT TAX No. - 687 of 2018 Petitioner :- Ankit Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Shiv Bahadur Yadav Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Petitioner has approached this Court seeking a mandamus to command the respondent-authorities to return the proportionate amount for the period during which his licence to run the beer shop was withdrawn along with interest.
Facts are that the petitioner was allotted licence to run beer shop at New Basti Jhansi, P.S. Kotwali, District Jhansi for the excise year 2016-17. There was a dispute between the department and erstwhile licensee who filed Writ Tax No. 758 of 2016 before this Court.
It is contended that on account of interim order dated 26.10.2016 passed by this Court in the said petition, the licence granted to the petitioner was withdrawn on 29.12.2016 and he had to close the shop and it was allotted to erstwhile licensee.
Grievance of the petitioner is that he deposited the license fee for the entire period and is entitled to refund of the proportionate amount during which he did not run the shop.
The issue is one which requires investigation into the question of fact.
From the pleadings, we find that the petitioner had already made a representation dated 12.07.2017 before the District Excise Officer, Jhansi.
Sri A.C. Tripathi, learned Standing Counsel appearing for the State-respondents fairly states that in case any representation made by the petitioner is pending or even if fresh representation is made, the respondent no. 3- District Excise Officer, Jhansi shall take an appropriate decision thereon expeditiously.
In such circumstances, we dispose of the writ petition giving liberty to the petitioner to make a fresh representation before respondent no.3-District Excise Officer, Jhansi within a period of three weeks from today annexing therewith all the relevant documents in support of his claim with the direction to the said authority that in case any such representation is made by the petitioner, he shall proceed to consider and decide the same in accordance with law within a further period of four weeks from the date of making of the representation.
Needless to say that if the grievance of the petitioner is found to be genuine, a suitable order be passed for refund of the proportionate licence fee along with reasonable interest.
Order Date :- 24.4.2018 OP