STATE OF PUNJAB Vs. SURINDER KUMAR AND CO

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) These appeals by special leave arise from the judgment and order of the Division Bench of the Punjab and Haryana High Court, dated May 29, 1996 in C.W.P. Nos. 18522-18524/95 (reported in 1996 AIHC 5303). The respondents had the leasehold right to vend the Indian made liquor at Ludhiana. They had located shops at 44 places to sell under L-2 and L-14 licence of Indian made foreign liquor in retail. They had the licence for the financial year April 1, 1995 to March 31, 1996. The Excise Department officials had noted, on inspection, certain illegalities or irregularities committed in conducting the business and selling in retail the Indian made foreign liquor. On account thereof, by proceedings dated August 21, 1995, the competent officer cancelled the licence granted to the respondents. Feeling aggrieved by the cancellation order, the respondents filed C.W.P. Nos. 12543, 12546 and 12547/1995. Therein, the respondents impleaded Shamsher Singh Dullo, Minister of Excise and Taxation, as one of the respondents alleging mala fides in the cancellation of licence granted to the respondents, the Division Bench of the High Court by order dated September 15, 1995 allowed the writ petition and remitted the matter to the Appellate Authority to decide the appeal within 15 days from the date of the presentation of the appeal since the respondents had alternative remedy of an appeal provided under the Punjab Excise Act, 1914 (for short the Act). The order reads as under: