S. Chandrashekhar, J. - (1.) CHALLENGING order dated 09.08.2013 passed by the Assistant Commissioner of Excise -Respondent No. 3 whereby, the licence granted to the petitioner in Form -9 & 10 has been cancelled, the present writ petition has been filed.
(2.) THE petitioner is the proprietor of restaurant named as "180 Degree Bar and Restaurant" for which a licence under Section 22 of the Bihar Excise Act, 1915 was granted for the period 2011 -12. The petitioner has paid licence fee of Rs. 10,00,000/ - (ten lacs) for grant of the said licence and the said licence has been renewed from time to time. Mr. Anil Kumar, the learned Senior counsel for the petitioner states that the petitioner has invested more than Rs. 80,00,000/ - (eighty lacs) in the said Bar and Restaurant. Referring to order dated 09.08.2013, it is submitted that without issuing show -cause notice to the petitioner and without affording opportunity of hearing to him the licence granted to "180 Degree Bar and Restaurant" has been cancelled by the Assistant Commissioner of Excise, Ranchi which cannot sustain scrutiny in law. It is further submitted that the conditions for exercise of power under Section 42 of the Excise Act, 1915 is not satisfied in the present case and therefore, order dated 09.08.2013 requires interference by this Court. The learned Senior counsel for the petitioner states that after the licence was cancelled, the petitioner has closed the bar in "180 Degree Bar and Restaurant". The learned Senior counsel relies on judgments in "Sahara India (Firm), Lucknow v. Commissioner of Income Tax, Central -I and Another" : (2008)14 SCC 151 and "State of Punjab and Others v. Mulkh Raj & Co. & Others" : (1977) 3 SCC 582.
(3.) MR . Lukesh Kumar, the learned counsel appearing for the respondents submits that in view of 11 cases registered against the petitioner/employees of "180 Degree Bar and Restaurant", no interference is required in the matter. The licence granted to the petitioner, has been cancelled in public interest. Referring to paragraph No. 12 of the counter -affidavit filed on behalf of the respondent No. 5, the learned counsel for the respondents submits that out of 11 cases, one case being Lower Bazar P.S. Case No. 167 of 2013 has been lodged for the offence under Section 302/34 of the I.P.C. against the Security Guard of "180 Degree Bar and Restaurant".;