Rajan Roy, J. - (1.) Heard Shri Surendra Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
(2.) The short question involved in this writ petition is as to the permissibility of recovery of "licence fee" in addition to the "basic licence fee" consequent to surrender of licence for country made liquor by the petitioner.
(3.) The contention of the learned counsel for the petitioner is that as a result of surrender of such licence all that can be forfeited/ recovered from the petitioner is the basic licence fee and security amount and not the fee payable by him in respect of the 'Monthly Minimum Guaranteed Quantity' (For short 'MMGQ') as once licence was surrendered then the said quantity was not lifted by the petitioner. Moreover, the licence can be resettled as an interim measure as also a regular measure for the remaining part of the excise year under Rule 20 of the Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules, 2002 (For short ' the Rules, 2002').;