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TMI Blog2017 (3) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... hyamitra Bhargava, learned Deputy Advocate General for the respondent/State. The petitioner before this Court, who is holding licence for selling liquor, has filed this present petition being aggrieved by order dated 28/11/2016, 03/01/2017 and 21/04/2016 passed by Collector, Ujjain and Excise Commissioner, Gwalior (M.P.). The facts of the case reveal that the petitioner was allotted shops for selling liquor for the period w.e.f. 01/04/2016 to 31/03/2017 which includes shops at (i) Panthpipliya (Country Liquor), (ii) Ninor (Foreign Liquor) and (iii) Dendiya (Country Liquor). The petitioner's contention is that at the time the tender was floated, the petitioner was informed that the liquor shop shall remain closed at the time of Simhast ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irected on 13/01/2017, the Commissioner, Excise to decide the petitioner's application on or before 16/01/2017, however, an order has been passed only on 04/02/2017 by the Assistant Commissioner and not by the Excise Commissioner and therefore, the action of the respondent is bad in law and as the petitioner has deposited substantial amount with the respondents, the respondents be directed to restore the supply of the petitioner. Reply has been filed in the matter and the respondents have stated that the auction notice which is impugned in the writ petition dated 03/01/2017 was issued in light of the show cause notice dated 26/12/2016 and the same has already been withdrawn and no auction proceedings are taking place in light of the au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assistant Commissioner, Excise has passed an order dated 25/01/2017 and has granted exemption to the petitioner for a sum of Rs. 17,49,300/- in respect of the Simhastha period. In the present case, the respondents' further contention is that the petitioner is defaulter and in light of Clause 36 of the notification dated 05/02/2016, the petitioner is under an obligation to pay Basic Licence Fee and Annual Licence Fee and it has to be paid without delay on completion of 15 days. The respondents have further stated that the petitioner has paid duty up to 15/12/2016 and thereafter, again till date he has not paid duty towards Basic Licence Fee and duty fee and therefore, a fresh show cause notice has been issued on 28/01/2017. The responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and their contention is that the petitioner is a defaulter as he has not cleared the dues and has not paid Basic Licence Fee towards second half of December, 2016 and January, 2017 and in those circumstances he has been directed to make payment of dues up to 15/01/2017, failing which they shall be taking action in light of Section 31 of the M. P. Excise Act. In the considered opinion of this Court, the respondents are certainly entitled to recover the amount from the petitioner, in case the petitioner has not cleared the dues. However, the dues in respect of Simhastha festival which has already been waived will be deducted from the total outstanding dues. In case the petitioner deposited total outstanding dues within one week, the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the right of anyone. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance. 15. Writ jurisdiction is discretionary jurisdiction and hence such a discretion under Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge-sheet." In light of the aforesaid, as the respondents have only issued show cause notices, the present petition is certainly a premature petition. However, as this Court has granted some breathing time to the petitioner to clear the outstanding dues and in case the dues are not cleared, the respondent shall be free to take appropriate action against the petitioner in accordance with l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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