SURESH CHANDRA Vs. JOGA SINGH BISHT

JUDGEMENT

(1.) The Writ Petition was filed by the First Respondent in the High Court of Uttarakhand at Nainital, challenging the settlement of FL 5 Shop Pithoragarh No.1 B in favour of the Appellant. The Writ Petition was dismissed by the learned Single Judge on the ground that the First Respondent does not have locus standi. Questioning the legality and validity of the judgment, the First Respondent filed a special appeal. A Division Bench of the High Court stayed the operation and execution of the settlement of FL 5 Shop Pithoragarh No.1 B in favour of the Appellant herein until further orders. The Appellant filed an application to vacate the interim order, which was dismissed. Aggrieved thereby, the Appellant approached this Court by filing the above appeals.

(2.) Sh. Balkar Singh was allotted the licence for a foreign liquor shop at Pithoragarh on 23.03.2020 by the District Level Allotment Committee for the period from01.04.2020 to 31.03.2021. As the shop was not being operated from 06.05.2020, Sh. Balkar Singh was directed to open the shop. He submitted an application on 12.05.2020 requesting for cancellation of the allotment of the shop. On receipt of the said application, the authorities directed Sh. Balkar Singh to surrender the licence in accordance with the provisions contained in Section 36 of the Excise Act after depositing the amount for first and second instalments along with cancellation charges prescribed for the Month of May, 2020. Balkar Singh did not respond to the letter written by the authorities. The amount deposited by the licensee, Sh. Balkar Singh, was confiscated and the allotment of the foreign liquor shop license in his favour was cancelled under the provisions of Section 34 of the Excise Act. Sh. Balkar Singh was informed on 28.05.2020 that the process for resettlement of the shop shall be carried out according to the Uttarakhand Excise Rules 2020-21 and the Uttarakhand Excise (Administration of Licensees of Domestic/Foreign Liquor and Beer Retail Sale) Rules, 2011and the loss that the revenue may suffer after resettlement shall be recovered from Sh. Balkar Singh.

(3.) An advertisement was issued by the District Excise Officer, Pithoragarh on 02.06.2020 regarding resettlement of the licence for foreign liquor shop Pithoragarh 1 B. Applications were invited from interested persons for issuance of a licence for the remaining period of the financial year 2020-2021. The revenue fixed for the remaining period of the financial year 2020-2021 was Rs.7,70,62,471/-. As none responded to the said advertisement, the District Excise Officer, Pithoragarh issued another advertisement dated 06.06.2020. The Appellant participated in the allotment process and he was declared as the successful bidder and his bid for Rs.3,46,78,112/- was accepted. The licence for foreign liquor shop at Pithoragarh was allotted to him by an order dated 09.06.2020 subject to the conditions mentioned therein.