Aman Jaiswal vs State Of M.P. on 22 July, 2020
order dated 04.06.2020 by the Division Bench has permitted to do
so. During the pendency of the writ petition, the licence was
cancelled and the shops were re-auctioned. The petitioner did not
challenge the same by amending the said writ petition therefore,
the issue of termination has come to an end which cannot be
permitted to re-agitate in this petition. It is further submitted by
the learned Additional Advocate General that para.128 of writ
petition no.7373/2020 (Maa Vaishno Enterprise and others Vs.
State of M.P). And others is very clear and according to which
only those licensee who was continuing with the licensee can
submit a representation to claiming to seek the loss, waiver of
duty and since the petitioner is not continuing with the licensee
then clause 49 of the Excise Policy would not apply. Hence, the
respondent has rightly written the letter dated 25.02.2021 for not
entertaining any representation of the petitioner and another
licensee who has surrendered their license. The recovery has
rightly been initiated under Section 64 of the Excise Act and the
petitions are liable to be dismissed.