NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Six petitioners have filed the present petition challenging the various clauses of the Excise Policy of 2019-20 (Annexure P-7) issued by respondent No.2, whereby, it has been provided that no rebate/reduction/refund of the license fee shall be allowed on account of closure of liquor outlets in any area for any reason whatsoever. In the unamended writ petition, specific challenge was laid to clause 2.14.6 of the said policy. However, in the amended writ petition it has been clarified that even clauses 2.14.5 and 12.11 of the said Excise Policy are also being challenged. Further, challenge has been made in the writ petition for quashing the order dtd. 15/10/2020 (Annexure P-24), vide which respondent No.2 has rejected the claim of the petitioners and other similarly situated persons for reduction of license fee for the period from 27/3/2020 to 31/3/2020 by placing reliance upon clauses 2.14.6 and 12.11 of the Excise Policy of 2019-20.

(2.) The case of the petitioners is that they are L1, L2, L13 and L14 license holders in various Districts in the State of Haryana. It is further the case of the petitioners that the respondents have been issuing Excise Policy on yearly basis for controlling and managing the liquor trade in the State of Haryana and it is the said Excise Policies which govern the liquor business in the State of Haryana for the concerned financial year. Reference has been made to the licenses (Annexures P-1 to P-6 along with the writ petition), which have been issued subject to the provisions of the Punjab Excise Act, 1914 (hereinafter referred to as 'the Act of 1914'), Rules and Policies framed thereunder. A further reference has been made to the Excise Policy (Annexure P-7 with the writ petition), moreso, clauses 2.14.5, 2.14.6 and 12.11. The said clauses are reproduced as hereinbelow:-

(3.) In paragraph 6 of the writ petition, it has been specifically stated that in pursuance of the issuance of the said Excise Policy for the year 2019-20, the respondents had issued a public notice on 9/3/2019 inviting tenders for allotment of licenses for different zones for general public for the year 2019-20. The public notice has been annexed as Annexure P-8 along with the writ petition. The relevant portion of the said public notice is reproduced hereinbelow:-