IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.17743 of 2010 ============================================== Arun Kumar - Petitioner(s) Versus The State of Bihar & Ors. - Respondent(s) ============================================== Appearance: For the Petitioner : Mr. Basant Kumar Chaudhary Mr. Rajiv Prashant For the State : Mr. Madhukar Mishra, A.C. to G.A. 9 For Beverage Corporation: Mr. Vikash Kumar Mr. Girijesh Kumar ============================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05. 06.04.2011 This petition under Article 226 of the Constitution has been filed by a Retailer dealing in imported liquor. The petitioner challenges the order dated 22nd July 2010 made by the Commissioner, Excise rejecting the application of the writ-petitioner for enhancement of the commission of retail sellers from existing 15 % to 30 %. The only reason for seeking enhancement was that the Government has increased the commission for respondent Bihar State Beverage Corporation Limited, a sole selling agent, from existing 5 % to 10 %. The authority below has recorded cogent reasons for rejecting the claim of the petitioner. Besides, it is not the case of the petitioner that the 15 % commission allowed to the retailers is not sufficient to 2 meet their expenses. In our view, the petitioner has failed to make out a good case for enhancement of the commission allowed to the retailers. Moreover, it is a matter of policy decision. Unless the order were arbitrary or mala fide, this Court in exercise of its power for judicial review under Article 226 of the Constitution cannot interfere with such policy decision. For the aforesaid reason the petition is rejected. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)