Madhya Pradesh High Court
M/S Gwalior Distilleries Pvt. Ltd Thr vs The State Of Madhya Pradesh Thr on 27 August, 2015
1
W.P. No.5684/2015
27.08.2015
Shri M.P.S. Raghuwanshi, Advocate for the petitioner.
Shri B.K. Sharma, Govt. Advocate for the
respondent/State.
Petitioner assails the show cause notice dated 07.08.2015 issued by the Excise Commissioner, Gwalior asking the petitioner as to why the letter of intent Annexure P-3 dated 10.11.2010 be not cancelled due to failure of the petitioner to complete the process of construction of distillery.
It appears from the show cause notice that inspection was carried out on 26.06.2015 by the Excise department of the site on which, the construction of new distillery is taking place and it was discovered that the construction activity is going on and nearing completion without obtaining prior approval of the Excise Commissioner of the layout map of new distillery.
State counsel is directed to seek instructions in the matter since jurisdictional issue has been raised by the learned counsel for the petitioner that since LOI was granted by the State, no authority except the State can initiate the process of cancellation of the same including issuance of show cause notice.
2 W.P. No.5684/2015List the case in the week commencing 02.09.2015 for enabling the State to seek instructions on the question of admission and interim relief.
Copy of this order be provided to the State.
(Sheel Nagu)
sh/- Judge