BIMAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dilip Jerath, learned counsel for the petitioner and Mr. P.D. Agrawal, learned Government Advocate for the respondents.

(2.) The petitioner has filed this writ petition seeking appropriate writ/direction for quashing the order dated 7.9.1997 passed by respondent No. 3. Prayer for consequential and incidental relief in connection therewith has also been made.

(3.) The submission of the learned counsel for the petitioner is that as the petitioner was granted licence on 15.7.1997 for foreign liquor shops, he cannot be asked to any licence fee for the period prior to that date. In support of his submission, learned counsel placed reliance in : (i) Vim Singh V/s. The State of Bihar, (CWJC No. 6118 of 1993; disposed of on 24.8.1993), (ii) Mahendra Prasad V/s. The State of Bihar, (CWJC No. 1587 of 1994; disposed of on 8.7.1994); and (iii) Rakesh Prasad V/s. The State of Bihar, (CWJC No. 3155 of 1994/R; disposed of on 28.1.1995). All the three decisions mentioned above have been delivered by the Division Benches of this Court the main judgment being that of Vim Singh , in which it has held that the licencee is required to pay licence fee for the period for which he has granted the licence and not for the whole year.