9911796707
TMI Blog2005 (8) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... district of Begusarai. One Prem Lal Gupta challenged the same by filing a writ application before this Court. During the pendency of the said writ application, petitioner was granted the licence. The Division Bench of this Court in the case of Prem Lata Gupta v. The State of Bihar and Ors. 2002 (3) PLJR 769, allowed the writ application and quashed the grant of additional licence to vend IMFL at Begusarai. As regards the validity of the grant of licence to the petitioner, this Court observed as follows : 24.-xxx As we are not approving the recommendations dated 13.2.2002 and are wishing to quash the orders passed by the commissioner, Excise and the Board of Revenue, it is not necessary for us to look into the manner in which the licen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the period for for which the licence was issued to the appellant has run out and the appeal has become infructuous. Said appeal was disposed of by the Supreme Court on 8th of September, 2003. Petitioner, thereafter, filed application for renewal of the licence on 13.10.2003. After the lapse of more than a year, the Collector issued notice dated 3.12.2004 (Annexure-4) asking the petitioner to show cause as to why; renewal be not refused. Petitioner submitted his reply and on consideration of the same, the Collector by order dated 3.3.2005 (Annexure-5), declined to renew the licence. Renewal was refused on three fold grounds, i.e.- (i) The petitioner is an accused in a criminal case. (ii) The petitioner brought undue pressure f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel appearing on behalf of the petitioner, raises a very short point. He submits that the Collector had declined to renew the licence only on the ground that the licence granted to the petitioner in the year 2002-2003 is illegal and not in accordance with law. He submits that the Collector cannot go into this question at the time when he, is exercising the power of renewal. Mr. R.K. Datta, S.C. IV, however appearing on behalf of the State, submits that licencee has no right of renewal of the licence and renewal cannot be claimed as a matter of right. As such no fault can be found out in the impugned order. In this connection, Mr. Datta has drawn our attention to Section 45 of the Bihar Excise Act, which reads as follows : 45. Bar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner i.e. Shiv Kumar Bhagat (supra) has observed that there is no justification for the argument that the period for which licence was issued had ran out. In any view of the matter if challenge is not made to the grant of licence for whatever reason, same shall not mean that the licence granted to the petitioner has become illegal and the licensing authority while considering the question of renewal can go into this question. We are of the opinion that the facts occurring subsequent to the grant of the licence and before the renewal, shall only be relevant for deciding the question of renewal and the authority while considering the question of renewal cannot go into the validity of the grant itself. As stated earlier, the interv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd are intended to affect the acting and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself. Orders are not like old wine becoming better as they grow older. The Collector has not declined to renew the licence on this ground, hence same is not fit to be considered to judge the validity of the order. ( 6. ) We make it clear that we have not expressed our opinion on this issue and that shall be decided by the Collector in accordance with law, while considering the prayer of renewal. For the reasons aforesaid, we are of the opinion that the order passed by the Collector, refusing to renew the licence is illegal and accordingly, we set aside the same and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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