A.P. Singh, J. - (1.) By means of present writ petition, petitioners have challenged the order passed by the State Government dated 22-9-1993 and by the Excise Commissioner dated 30-6-1993 which have respectively been filed as Annexures 9 and 10 to the petition. Prayer is for quashing of the aforementioned orders, hereinafter called the impugned orders, and for issue of direction to the Excise Commissioner and the State Government to grant remission to petitioners in the excise fees and for award of compensation as provided under Para 190 of the Excise Manual on account of the closure of their country liquor and foreign liquor shop in the district of Fatehpur under Section 59 of the U.P. Excise Act, 1910 (hereinafter called as the 'Act').
(2.) For the purpose of appreciating the controversy which is involved in the case it is not necessary to notice all the facts which have been stated by the parties in their respective affidavits which have been filled in the writ petition. Case can be disposed of on following brief facts :
(3.) Petitioners are excise contractors, hereinafter called licensees. Being highest bidders in the auction sale which was held on behalf of the State Government for sale of the right to vend by retail sale foreign liquor and country liquor in the district of Fatehpur. Petitioner opened their excise shops after depositing requisite contract money as well as, security as per the terms of the contract of sale. They were also issued the requisite vend licenses without which they could not engage themselves in the business of vending foreign or country liquor in view of the provisions of U.P. Excise Act, 1910.;