Jammu, December 28: DB allowed operating Liquor Vends to continue till 31st March ; Afterwards Liquor Licenses to be allotted as per Excise Policy in J&K and said Renewal of licenses not a matter of Right.
In OWP No. 486/2017 (O&M), LPAOW No. 11/2017 (O&M), LPAOW No. 20/2017 (O&M ), LPAOW No. 21/2017 (O&M), LPAOW No. 22/2017 (O&M), LPAOW No. 23/2017 (O&M)& LPAOW No. 44/2017 (O&M) titled Balbir Singh and others vs after hearing a bench of HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ordered as:-
1. This Court has once again being called upon to clear the skeletons from the cup-board in Union Territory of Jammu and Kashmir. The case in hand is not in isolation where rule of law has been kept aside and there is total arbitrary exercise of power. ..............
2. This time it is in liquor trade, which had always remained lucrative. Before the issues are taken up after noticing the arguments raised by the learned counsels for the parties, it would be apt to notice certain glaring facts.
3. As per the information furnished by the government counsel, at present there are 223 functional liquor vends in Jammu and Kashmir.
A perusal of the chart given below will show that these are continuing with the same persons or their successors in interest for decades as the process of renewal of licenses was being followed, where admittedly the allotments had not been & connected matters. made in a transparent manner.
The same were only on the recommendation of the Finance Minister concerned. Without there being any advertisement issued, on an application filed by a favorite, the Finance Minister would order allotment of a vend and the allottee will continue for all times to come.
The details of the liquor vends which were allotted from time to time and are continuing with the same persons or their successors in interest .......
In addition to above, two sub-vends granted in the year 2005-06 were regularized vide order dated 25-02-2019.
60 vends were allotted on temporary basis in August 2005 for a period of four months and are continuing till date in view of various interim orders passed by this court in different cases filed by them, which are subject matter of consideration in the present cases.
One liquor vend was allotted in January 2011. A bunch of intra-court appeals and a writ petition, bearing LPAOW Nos.11,20-23 & 44/2017 and OWP No. 486/2017 are being taken up together. In the appeals, challenge has been made to a common judgment of learned Single Judge. The only difference in LPAOW No. 20/2017 is that in the aforesaid appeal, order passed in OWP No. 1796/2016 is under challenge. '''''''.........
28. The decision of the government in issuing show-cause notice to the allottees of temporary licenses was bona fide. It was based on an enquiry by the Vigilance Organisation..........
69. As per the information furnished by the Government, out of 160 liquor licenses granted up to the year 2000-01 without following any procedure, 34 are in the name of women whereas in 25, they are partners with other males. Out of 60 licenses which are subject matter of dispute having been allotted in the draw of lots, 21 are in the name of women. The aforesaid fact clearly establishes that there are other persons behind the scene as it was the admitted case of the appellants themselves that women folk are not sitting on the vends to take care of the business.............. .....................
RELIEF.
(i) The show cause notices issued to the appellants for cancellation of their temporary licenses granted on 20.08.2005, which were valid up to 19.12.2005, are upheld.
(ii) Clause 3.2.7 and Clause 11 in the Excise Policy for the year 2017-18, Clause 3.2.4 and Clause 11 in the Excise Policy for the year 2018-19 and Clause 3.2.7 and Clause 10 in the Excise Policy for the year 2019-20, are struck down being contrary to the provisions of Clause 3.2.1 of the Excise Policies for the years 2017-18, 2018-19 and 2019-20, and Rules 26, 27 of the Rules.
(iii) As submitted by the learned counsel for the Government, the official respondents shall be at liberty to frame new Policy for the coming year namely, 2021-22 in accordance with the provisions of the Act and the Rules, and the law laid down by Hon‘ble the Supreme Court on the subject.
(iv) The Liquor Vends already operating shall be allowed to continue till 31.03.2021 and thereafter the licenses for liquor vends shall be allotted in terms of the Excise Policy to be notified by the Government for the year 2021-22. The government shall be at liberty to take appropriate steps in view of striking down of the provisions of the Excise Policies, which envisage grant and automatic renewal of licenses for a period of five years.
(v) With reference to the observations made in Para 62 of the Judgment, the matter may be examined by the Chief Secretary of the Government of Jammu and Kashmir, for taking appropriate action.
(vi) Renewal of licenses for trade in liquor is not matter of right, which can be enforced.
(vii) For the purpose of renewal of licenses for trade in liquor, if permissible in law, all the conditions applicable for grant of a new license shall also be applicable.
(viii) The writ petition is allowed in the aforesaid terms.
The appeals are dismissed with cost of Rs 10,000/- on each of the appellants. The cost be deposited with the respondent No.2, Excise Commissioner, Department of Excise and Taxation within one month from the receipt of the copy of the judgment. While modifying the judgment of learned Single Judge the appeals are disposed of in aforesaid terms.
The writ petition is allowed.
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