JUDGMENT
M.Y. Eqbal, J.
1. Pursuant to order dated 9.5.2002, the Excise Superintendent has appeared in person and explained the reasons for filing separate counter-affidavit.
2. Heard the parties.
3. The dispute is actually with regard to selection of site. Admittedly petitioner was the licensee of both the two shops at Simdega being Shop Nos. 1 and 2 for the year 2001-02. For the year 2002-03, fresh auction was held in which the petitioner as well the respondent participated in the auction and both were the licensee to deal with the foreign liquor in Simdega.
4. The contention of the petitioner is that licence were granted by the Excise Superintendent for carrying on business in Shop Nos. 1 and 2 while the contention of the private respondent is that in the licence itself it was mentioned that the respondent will carry on his foreign liquor business in Shop No. 1. The contention of the Deputy Commissioner is that the dispute with regard to selection of site is to be determined by the Deputy Commissioner as Collector under the Excise Act and the Excise Superintendent has no jurisdiction to issue any instruction to the licensee to carry on business in a particular shop.
5. On the other hand, the contention of the Excise Commissioner in the counter-affidavit is that although licence was granted to the petitioner for carrying on business in Shop No. 1 but immediately on receipt of the order passed by the Deputy Commissioner the earlier order issued by him was kept in abeyance. Parties have however, not disputed the fact that the dispute with regard to site selection has not been finalised and the matter is pending before the Deputy Commissioner, Simdega.
6. Without expressing any opinion, and without going into the merit of contention of the respective parties, I direct the Deputy Commissioner, Simdega to finalise the dispute with regard to site selection for carrying on foreign liquor business in Shop Nos. 1 and 2. The Deputy Commissioner will issue fresh office order clarifying the site where the petitioner will run his foreign liquor shop and also the respondent will run his foreign liquor shop. Such decision must be issued by the Deputy Commissioner after holding preliminary inquiry, within a period often days from the date of receipt of copy of this order.
7. With the aforesaid observation and direction this writ application is disposed of.