ASHOK Vs. REGIONAL COMMISSIONER GULBARGA

JUDGEMENT

(1.) Heard. This writ appeal is directed against the order of a learned Single Judge dated 17-11-2011 made in Writ Petition No. 82140 of 2011. By the impugned order, the learned Single Judge has dismissed the writ petition filed by the appellant challenging the notice dated 28-6-2011 (Annexure-H) issued to him by respondent 3, namely the Deputy Commissioner of Excise, Gulbarga, asking him to produce No Objection Certificate from the Archaeological Survey of India to consider his application for grant of excise licence (CL-7) for the year 2011-12. The sole contention urged by the learned Counsel for the appellant is that there is no provision of law which requires No Objection Certificate from the Archaeological Survey of India to consider the appellant's application for grant of excise licence (CL-7) to do business in liquor. He further submitted that the learned Single Judge has not examined the legality of insisting No Objection Certificate from the Archaeological Survey of India.

(2.) Learned Counsel appearing for the Archaeological Survey of India supported the notice dated 28-6-2011 (Annexure-H) by referring to Sections 20-A, 20-B and 20-C of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 ('the Act' for short). The aforesaid three sections were inserted in the Principal Act by Act No. 10 of 2010. It is relevant to refer to the said sections:

(3.) In our opinion, Sections 20-A, 20-B and 20-C of the Act referred to above do not impose any kind of restriction on carrying of any business activity of buying or selling of goods which include liquor in the prohibited or regulated area. They all refer to imposing prohibition or restriction to carry out any construction or reconstruction or repair or renovation in the prohibited or regulated area. Therefore, the Deputy Commissioner of Excise, Gulbarga, erred in law in insisting for No Objection Certificate from the Archaeological Survey of India to consider the appellant's application for grant of excise licence (CL-7) to do business in liquor.