- (1.) This writ petition is directed against the order dated 06.01.2005 (Annexure-1 to the writ petition) passed in Revision No. 41 of 2003, by respondent no. 1, rejecting petitioner's revision against Excise Commissioner's order dated 07.04.2003.
(2.) The fact, in brief, giving rise to present dispute, as stated in the writ petition, are as under.
(3.) The settlement of country liquor licence in State of U.P. was governed by U.P. Settlement of Country Liquor Licence (Tender-cum-Auction) Rules, 1985 (hereinafter referred to as the 'Rules, 1985"). The Excise Commissioner fixed minimum guaranteed quota for the entire country liquor group of shops of Kanpur Nagar for excise year 1988-89 as 55,11,750 bulk litres. The minimum guaranteed quota/ quantity is defined under Rules 2(f) of Rules, 1985 and reads as under: "Minimum guaranteed quantity means the minimum quantity of country liquor as fixed by the Collector of the district guaranteed by the auction-purchaser to be lifted by him from the country liquor Bonded Warehouse, specified by the Excise Commissioner, for the purpose of being sold by retail in his country liquor shop or group of shops during the Excise year or part of the excise year for which he has obtained the licence. However, that the total minimum guaranteed quantity for district shall not be less than the quantity fixed by the Excise Commissioner for the whole district." ;