MANOJ KUMAR GARG,J. - (1.) The present writ petition has been filed by the petitioner seeking following reliefs: - "(i) by an appropriate writ, order or direction the impugned order cum notice dated 13.05.2020 (Annexure-6) and 18.05.2020 (Annexure-8), may kindly be quashed and set aside. (ii) by an appropriate writ, order or direction the respondents may kindly be directed to re-determine the EPA and composite fee of the shop allotted to the petitioner looking to the change circumstances of the Covid-19 pandemic and cancellation of the conduct the Gogamedi fair, (iii) by an appropriate writ, order or direction the respondents may kindly be directed that if the respondents are not ready to re-determine the EPA and Composite fee for the petitioner's allotment then the amount deposited by the petitioner of the Rs. 13,61,150/- may kindly be refund with interest to the petitioner. (iv) Any other order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner, (v) The cost of the writ petition may kindly be awarded to the petitioner."
(2.) Counsel for the petitioner submits that the State Government issued a Gazette notification on 08.02.2020 with regard to Excise policy for year 2020-21 and in pursuance of said notification, an excise policy was framed by the State. On 04.03.2020, the State Government made certain amendments in the policy notified on 08.02.2020 with regard to issuance of license for liquor shops. The respondent Excise department prepared the list of liquor shops and also determined the application fee, EPA and composite fee amount.
(3.) In pursuance of the advertisement and policy, the petitioner submitted an application for allotment of liquor shop in Nohar Tehsil, District Hanumangarh. After draw of lottery, the petitioner was allotted shop in Location No. 115 Gogamedi (5 GM). In pursuance of allotment order, the petitioner deposited a sum of Rs. 13,61,150/-. However, after the outbreak of corona virus pandemic, there was complete lockdown in the State, therefore, neither the shop of petitioner could be opened nor the amount of EPA and composite fee could be deposited. It is argued that Gogamedi is the rural area in Nohar Tehsil wherein, every year in the month of July and August a historical fair is organized. However, due to Covid-19 pandemic, the fair was cancelled and therefore, the desired target could not be achieved. On 21.04.2020, the petitioner submitted an application before the respondent no.2 stating therein that she has already deposited 4% guarantee amount but due to lockdown, the remaining amount of EPA and composite fee could not be deposited, therefore, the guarantee amount may be reduced. However, the respondents issued a notice to the petitioner on 13.05.2020 calling upon the petitioner to deposit the amount of Rs. 66,02,630/- within a period of three days. The petitioner submitted yet another application with the request to reduce the guarantee amount or while cancelling the allotment, the amount of Rs. 13,61,150/- may be refunded.;