(1.) The Petitioner through instant petition under Article 226 of the Constitution of India is seeking quashing of order dated 25.01.2018 (Annexure P-11) whereby Commissioner of Excise and Taxation, Haryana has rejected representation of the Petitioner seeking refund of licence fee paid for the period during which vends remained closed and refund of additional licence fee which has been charged at the time of re-opening of vends on the same location. Brief facts/Background:
(2.) In State of Tamil Nadu Vs K. Balu 2017(1) R.C.R. (Civil) 1029 Hon'ble Supreme Court prohibited location of liquor vends within 500 meters from National/State Highways. The Respondent-Excise & Taxation Department prior to inviting bids for allotment of retail liquor vends for financial year 2017-18 vide letter dated 09.01.2017 and 21.02.2017 sought information from National Highway Authority of India (NHAI) and PWD (B&R) about location of National/State highways in district Fatehabad. NHAI did not respond and PWD (B&R) did not show town Jakhal on the National Highway. The Respondent-Department provided in the Excise Policy of 2017-18 that no liquor vend shall be located within 500 meters from National/State Highway.
(3.) The Petitioner participated in the bids invited by Respondent for the allotment of liquor vends for the financial year 2017-18 for the township-Jakhal, District Fatehabad. The Respondent accepted bid of the Petitioner and vide Annexure P-2 awarded licence in respect of Vend Code No. ZFTB15. As per licence, the Petitioner was permitted to open 6 liquor vends in Jakhal on payment of licence fee of Rs.5,44,44,400/-. The location of vends was duly disclosed in the said licence. The permission was granted for the period from 25.04.2017 to 31.03.2018 and Petitioner opened vends on 25.04.2017. The Respondent issued pass in form L-34 (Annexure P-3) to procure different brands of liquor. Subsequently PWD (B&R) vide letter dated 02.05.2017 informed the Respondent-Department that road passing through Jakhal is a National Highway. The Respondent-Department on the basis of letter of PWD (B&R), on 28.06.2017 out of six vends sealed those three vends of the Petitioner, which were located on highway.