RANCHI THOK KHADYA VJAPARI SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) When this application was taken up for hearing Mr. Bharuka, Learned Counsel appearing on behalf of the petitioners confined his prayer to relief No. 3, that is for quashing Anncxure 3, letter from the Food Commissioner dated 19-4-1985 to all Divisional Commissioners by which the latters were informed that licence fee under Bihar Trade Articles (Licences Unification) Order, 1984 (the Order) at the enhanced rates will come into force immediately and Annexure 5, the notification dated 10th July, 1985, by which the State Government amended the licence fees as mentioned in Schedule IV, the fees prescribed under clauses (IV) and (VI) of the order.

(2.) Petitioner No. 1 is an association of wholesale and retail dealers and petitioner Nos. 2 to 9 are some of the members of petitioner No. 1. Petitioner Nos. 2 to 9 are dealers within the meaning of the order and are carrying on trade in foodgrains, sugar, edible oil, vanaspati etc. after obtaining licence under that order. They obtained licence by paying fee as notified by the notification dated 19th April, 1984 as contained in Annexure 2. The fees as prescribed in Annex- ure 2 was changed and a higher fees were prescribed as appear from Annexure 3, dated 19-4-1985 and Annexure 5, the notification dated 10th July, 1985. The case of the petitioners is that the fees prescribed by Annexures 3 and 5 has absolutely no relevance to the service rendered by the State to the dealers and there was a complete lack of quit pro quo in the fee levied under Annexure 5 and the service rendered.

(3.) The respondents in the counter-affidavit have stated that as a matter of policy, the State Government revised and enhanced the fees payable by the licensees.