Court Denies Liquor Supply, Directs Dues Clearance & Emphasizes Recovery Rights

The Court found the petitioner not entitled to supply liquor due to unpaid dues, allowing adjustment for waived fees and directing clearance of outstanding dues for supply restoration. The Court emphasized the recovery right of respondents for unpaid dues, with waived fees deducted from the outstanding amount. It highlighted the non-maintainability of a writ petition solely against show cause notices, granting time for dues clearance and reserving the right for respondents to take action if dues remained unpaid, in accordance with statutory provisions. The Court disposed of both writ petitions, emphasizing the premature nature of the petition against show cause notices alone and the discretionary nature of writ jurisdiction.

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Issues:
Petitioner aggrieved by closure order for liquor shop during Simhastha festival, contention of exclusion from list of closed shops, dispute over payment of excise duty and licence fees, issuance of show cause notices, challenge against auction notice, waiver of fees for Simhastha period, non-clearance of dues by petitioner, entitlement for liquor supply, legality of show cause notices, maintainability of writ petition against show cause notices alone.

Analysis:
The petitioner, holding a liquor license, challenged closure orders during Simhastha festival, alleging exclusion from the list of closed shops. Dispute arose over payment of excise duty and licence fees, with the petitioner contending non-appropriation of fees despite closure. The petitioner's plea for restoration of supply was based on delayed decision by Excise Commissioner. Respondents argued for dues clearance as per notification, issuing show cause notices for non-payment. The Court found petitioner not entitled to supply due to unpaid dues, allowing adjustment for waived fees and directing clearance of outstanding dues for supply restoration.

The respondents withdrew the show cause notice and issued fresh ones, leading to a separate writ petition challenging the notices. The Court emphasized the recovery right of respondents for unpaid dues, with waived fees deducted from total outstanding amount. The judgment highlighted the non-maintainability of a writ petition solely against show cause notices, citing a Supreme Court ruling on premature petitions against such notices. The Court granted time for dues clearance, reserving the right for respondents to take action if dues remained unpaid, in accordance with statutory provisions.

In conclusion, the Court disposed of both writ petitions, emphasizing the premature nature of the petition against show cause notices alone. The judgment underscored the discretionary nature of writ jurisdiction and the need for a final adverse order to establish a cause of action. The Court granted breathing time for dues clearance, allowing respondents to take appropriate action if dues were not cleared, in line with legal provisions.

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