HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.2768 of 2010
Date: June 24, 2014
Between:
1. Gottipalla Bhaskar Rao & 6 others.
… Petitioners And
1. The Commissioner of Prohibition & Excise, Hyderabad & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.2768 of 2010
O R D E R:
Heard learned counsel for the petitioners and learned Government Pleader for the respondents.
2. This writ petition was filed challenging the action of the respondents in collecting licence fee from 01.07.2008 to 10.07.2008 for the excise year 2008-2009 from the petitioners and consequently seeking a direction to the respondents to adjust the proportionate licence fee for the said period in the last payment of licence fee or refund the fee paid for the said period.
3. The case of the petitioners is that the licences to their wine shops were not issued on 01.07.2008, but they were issued on 11.07.2008. Hence, they are entitled for adjustment of licence fee from 01.07.2008 to 10.07.2008.
4. A Full Bench of this Court in Sri Narsimha Wines V.
Prohibition and Excise Superintendent, Medak District at [1] Sangareddy examined the said aspect of the matter and held that since the petitioners took part in the auction knowing fully well that having regard to the fact that the notification was issued on 01.05.2000 and the lease cannot be granted for a period of twelve months, they cannot seek remission or refund of licence fee.
5. Following the Full Bench judgment in the said case, a common order was passed by a learned single Judge of this Court in W.P.Nos.2919, 3501 & 3503 of 2010 on 09.12.2011 dismissing the similar writ petitions.
6. The relief sought in the present writ petition is also for the same relief and accordingly following the said order this writ petition is dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 24, 2014 BSB
81 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.2768 of 2010
Date: June 24, 2014
BSB
[1] 2001 (6) ALT 240 (FB)