Heard the parties.
Petitioner has prayed for following relief:-
“For issuance of an appropriate writ/writs in the nature of writ of mandamus commanding upon the concerned respondents to renew licence
No.1/2003-04 for wholesale of Denatured Spirits since 2016 up till now in the light of order of Excise Commissioner, Bihar, Patna contained in order
no.3680 dated 2.11.18.â€
Petitioner was holding licence being licence no.1/2003- 04 for wholesale business of Denatured Spirits i.e. spirits which has been rendered unfit for
human consumption and said licence was renewed upto 2015-16 and in the light of Excise Act, 2015, licence was not renewed with effect from
1.4.2016 to the petitoner company as well as other such companies.
The decision of the government not to renew the licence was challenged by some of the companies before Hon’ble High Court and by order
dated 30.9.2016 passed in CWJC No.5795 of 2016, it was held that State cannot cancel, refuse to renew any licence for manufacture of industrial
alcohol or Denatured Spirits and District Collector would be obliged to renew the same.
It is submitted that petitioner will be satisfied if representation of petitioner is considered by the District Magistrate, Bhagalpur for renewal of his
licence in terms of judgment and order passed by this Court as well as Apex Court.
This writ petition is disposed of with liberty to petitioner to file a detailed representation enclosing judgment and order passed by this Court as well as
Apex Court before respondent no.5, the District Magistrate, Bhagalpur for renewal of his suspended licence and same shall be considered by the
District Magistrate, Bhagalpur in accordance with law and pass a speaking and reasoned order within 30 days from the date of filing of such
representation.