N.K. Jain, J. - (1.) The petitioner Son Singh by way of the aforesaid writ petitions bearing No. 4451/93, 289/94 and 2191/94 seeks to quash the demand notice dated 18.8.1993 (Ex. 18) pertaining to the month of July, 1993, demand notice dated 30.12.93 (Ex. 4) pertaining to the month of November, 1993 and demand notice dated 5.3.94 (Anexure. 3) pertaining to the month of February, 1994 respectively and also prays that the respondents may be directed to give adequate rebate in exclusive privilege fixed for the aforesaid months because of non-supply of the liquor.
(2.) Since all these writ petitions raise a common question of law and controversy, as agreed they are being disposed of this common order.
(3.) For the convenient disposal of these matters facts of S. B. C. W. Petition No. 4451/93 are being taken into consideration. The petitioner Son Singh s/o Girdhari Singh r/o of Jaipur & party has been granted licence for sale of liquor as co-licencee for sale of country liquor as well as for the sale of India Made Foreign Liquor of Nagaur Merta Group for the year 1993-94 in view of the tender submitted for a sum of Rs. 4,61,01,000 in pursuance of the invitation of tender by the Excise Commissioner. It is alleged that as per condition the petitioner gave cash security to the tune of 122% of the total licence money so also he gave solvent security for the like amount i.e. 12% of the total exclusive privilege amount. It is also alleged that in the month of June requisite quantity of liquor was not given despite the petitioner deposited the amount and there remained balance of Rs. 57,788.45 as issue price and a sum of Rs. 55,712.50 as permit fee whereas against the amount of Rs. 1,13,000 the petitioner was given liquor for a sum of Rs. 28,265.75. It is further alleged that on 4.7.1993, the petitioner deposited Rs. 74,250 as against issue price and Rs. 52,500 as against the permit fee but no liquor was supplied to the petitioner. On 6.7.93 a little quantity of liquor to the tune of Rs. 33,588/- was supplied. On 9.7.1993, the petitioner deposited Rs. 95,000/- but liquor was not supplied to him. According to him liquor for a sum of Rs. 25,913/- and odd as issue price and Rs. 18,122/- and odd as permit fee, was supplied to him. The petitioner was supplied liquor on 20.7.93 amounting to Rs. 25,913/- as alleged by him as issue price and permit fee of which comes to Rs. 18,322/-. The petitioner also alleged that till 23.7.93 no liquor was supplied but thereafter for two days some liquor was given. The petitioner further alleged that he made representations/telegrams (Ex. 14 to 17) but the respondents issued a demand notice dated 18.8.93, making the petitioner to deposit a sum of Rs. 17,06,891.75. Hence, this writ petition along with the documents; some permits, representations and telegrams (Ex. 4 to 18). 3-A. This Court while admitting the writ petition on 2.9.93 stayed the recovery in pursuance of Annexure 18 dated 18.8.93. In Writ petition No. 289/94 the petitioner was granted stay on 17.1.1994 to the effect that no coercive step be taken for recovery and in Writ Petition No. 2191/94 the petitioner was granted stay on 12.8.94 that licence of the petitioner shall not be cancelled.;