B.N.MAHAPATRA, J. - (1.)THE petitioner in this writ petition has prayed for a direction to opposite party No.1 -Commissioner -cum - Secretary to Government in Excise Department, Orissa, opposite party No.2 -Collector, Nayagarh and opposite party No.3 -Superintendent of Excise, Nayagarh for refund of Rs.2,06,000/ - with interest which was deposited in respect of five Country Spirit Shops in Nayagarh district pursuant to the public tender held for the year 2001 -2002 on the ground that the said amount has been forfeited illegally by the opposite parties.
(2.)THE case of the petitioner is that opposite party No.1 vide Notification No.3623 dated 24.4.2001 (Annexure -1) notified the date, centre and day for settlement of Country Spirit Shops in all the districts of the State. Opposite Party No.2, Collector, Nayagarh issued auction notice under Annexure -2 dated 25.5.2001 for the remaining period of 2001 -2002 for settlement of Country Spirit Shop and IMFL Shop for the district of Nayagarh. On 4.6.2001, the auction was held for 14 country spirit shops. In the said auction, the petitioner participated to bid in respect of Gania, Bahadajhola, Daspalla and Khadapada. He became the highest bidder and knocked the bid at Rs.16,000/ -, Rs.20,000/ -, Rs.35,000/ - and Rs.32,000/ - per month respectively for the aforesaid shops. Thereafter, the petitioner deposited the consideration money for two months against each shop. Accordingly, on 04.06.2001 the petitioner deposited Rs.32,000/ -, Rs.40,000/ -, Rs.70,000/ - and Rs.64,000/ - respectively for the respective shops in question as per Annexure -3 series. Despite this, as the opp.parties neither issued licence in favour of the petitioner nor took any steps to refund security deposit,the petitioner filed writ petition before this Court bearing O.J.C. No.13131 of 2001. The said writ petition was disposed of on 05.10.2001 by this Court directing the opposite parties to refund the amount within a period of two months from the date of communication of the order. Since no step was taken by the opposite parties for refund of the amount pursuant to the order passed in the said writ petition, the petitioner approached opposite party Nos.2 and 3 several times to get back the said amount but in vain. Hence this petition.
Miss. Deepali Mohapatra, learned counsel appearing on behalf of the petitioner submitted that the action of the opposite parties in withholding the total security amount of Rs.2,06,000/ - is arbitrary and without authority of law. The opposite parties have violated the orders issued by this Court passed in O.J.C. No.13131 of 2001. The petitioner being unaware of the legal procedure he instead of approaching this Court has made several representations to the opposite parties to get back the security money. Due to non -issuance of licence by the opposite parties, the petitioner could not be able to run his trade of country liquor at those places despite deposit of two months license fee of Rs.2,06,000/ -. The said amount is lying with the opposite parties for at least eight years because of the laches on the part of the opp.parties. Hence, the petitioner is entitled to get the same back along with interest.

(3.)MR . Pattnaik, learned counsel for the State vehemently contended that due to the fault of the petitioner the licence could not be issued to him. Vide Letter No.9191 dated 19.11.2001, the Excise Commissioner instructed the Collectors to issue licenses in respect of Country Spirit shops settled on or above the fixed reserve price approved by the Government and not to issue licence in respect of Country Spirit Shops which were settled below the reserve price and not approved by the Government. In pursuance of the said order, all successful bidders for 14 Country Spirit Shops were asked to deposit one months consideration money by 19.11.2001 and obtain licenses for their operation from 20.11.2001. Accordingly, licenses were issued in respect of nine Country Spirit Shops upon deposit of one months consideration money. Since the petitioner did not turn up to deposit one months consideration money, licenses in respect of five Country Spirit Shops settled provisionally in his favour could not be issued. It was further contended that the petitioner suppressing the material facts has approached the Court for refund of the security of Rs.2,06,000/ - in respect of five shops in the present writ petition. The petitioner instead of depositing one month consideration money approached this Court in O.J.C. No.13131 of 2001 to get back the advance consideration money for three shops. After disposal of the said writ petition, the petitioner again filed O.J.C. No.14086 of 2001 praying for an order directing the opp.parties to refund the amount of Rs.50,000/ - and Rs.14,000/ - deposited by him in respect of Khandapada and Nuagaon Country Spirit Shops. In the second writ petition, the petitioner had not prayed for refund of the consideration money deposited in respect of three country spirit shops. Suppressing all these facts, the present writ petition has been filed by the petitioner seeking a direction for refund of Rs.2,06,000/ -. With the above contention Mr. Pattnaik concluded his argument with a prayer to dismiss the writ petition.