IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8678 of 2010 1. PRAMOD KUMAR S/O LATE SUKHDEV PRASAD R/O BEGUMPUR, SATICHOURA, P.S.- BYPASS, DISTT.- PATNA, PROPRIETOR OF M/S PAYAL MOTEL, AT MAHADEV STHAN, BYPASS ROAD, P.S.- BYPASS, DISTT.- PATNA. ……………………Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, PATNA 2. THE COMMISSIONER, EXCISE DEPARTMENT, PATNA, BIHAR 3. THE ADDL. COMMISSIONER, EXCISE DEPARTMENT, PATNA, BIHAR 4. THE SECRETARY, COMMISSIONER OF EXCISE DEPARTMENT, PATNA, BIHAR ……………………Respondents. ----------- 5 3.2.2011 This case relates to grant of license by the official respondents. The fact of this case is that the petitioner had applied for grant of Excise License for the year 2009-2010 in the month of April, 2009. Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner received an intimation in the month of December, 2009 vide Annexure-4 to the writ application to the effect that he has to deposit Rupees Five lacs for grant of license for running a Bar in the Payal Motel, but the petitioner expresses his unwillingness to carry on business in view of ill health of his wife vide Annexure-5 to the writ application requesting the authority to exempt him from paying the license fee of Rupees Five lacs for the year 2009-2010 and he is ready to pay Rupees Five lacs as a license fee to run the Bar in the year 2010- 2011. By an interim order of this Court dated 21.5.2010 the 2 petitioner was asked to deposit a sum of Rupees Five lacs as a license fee for grant of a license for running the Bar for the financial year 2010-2011 and a direction was given to the respondents to grant a license for running the Bar in the aforesaid period. Learned Senior counsel appearing on behalf of the petitioner submits that the order of this Court has been complied with for running the business of Bar in the year 2010-2011 and the matter as with regard to grant of license for the year 2009-2010 is concerned, the petitioner has already expressed his unwillingness on the ground of ill health of his wife. On a perusal of the records it appears that the case of the petitioner has been recommended for grant of license for the year 2009-2010 but no license was granted to the petitioner in the aforesaid year, but license for the year 2010-2011 has been granted to the petitioner in pursuance of order of this Court Under the aforesaid circumstances, we do not find any reason to force the petitioner to pay the license fee for the year 2009-2010 in view of the fact that no license was granted to the petitioner for the aforesaid financial year. With the above observation this application is disposed of. Abhay Kumar (T. Meena Kumari, J.) (Dharnidhar Jha, J.)