Chakradhari Sharan Singh, J. - (1.) An order, dated 22.09.2015, passed by the Collector, Lakhisarai, in his purported exercise of power under Sec. 42 of the Bihar Excise Act, 1915 (hereinafter referred to as "the Act"), whereby the licences, held by the petitioner of three liquor shops, under Group No. 5, in the district of Lakhisarai, settled in favour of the petitioner, have been cancelled. The three liquor shops, settled in favour of the petitioner, and with respect to which, he held the licence, have been described as (i) Nagar Parishad, Pachna Road Retail Foreign Liquor Shop No. 5, (ii) Composite Liquor Shop, Khagaur, and (iii) Composite Liquor Shop, Brindavan.
(2.) Factual matrix, unfurled on the basis of pleadings on record, are short and not much in dispute, which need to be taken note of, first, before referring to and addressing the controversy involved in the present case.
(3.) Pursuant to a sale notification for settlement of liquor shops, in the district of Lakhisarai, for the financial year 2015 -16, issued by the Collector of the district, the petitioner had participated and was declared successful for settlement of Group No. 5 Retail Liquor Shops, comprising (i) Nagar Parishad, Pachna Road Retail Foreign Liquor Shop No. 5, (ii) Composite Liquor Shop, Khagaur, and (iii) Composite Liquor Shop, Brindavan. The licensing authority, i.e., Superintendent of Excise, Lakhisarai, had issued the licence in favour of the petitioner, on 31.03.2015, which has been brought on record by way of Annexure -2 to the writ application. On 02.05.2015, a Sub -Inspector of Excise, Lakhisarai Circle, made an inspection of Liquor Shop No. 5 of the petitioner. In course of raid, 19 pieces of 200 ml. country made liquor were seized from the said foreign liquor shop. This led to institution of First Information Report, vide Lakhisarai (Kaviaya) P.S. Case No. 317 of 2015, and arrest of two persons, namely, Jonson Kumar and Ranjit Kumar, who were present at the shop. Sale register, as required to be maintained by the licensee at the shop, was also not available at the time of the raid.;