KANCHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this writ petition filed under Articles 226/227 of the Constitution of India is to the notification dated 24.2.2014 (Annexure P -5) vide which the respondents have issued fresh notice for calling the eligible candidates for fresh licence of liquor. Further, a writ of mandamus has been sought directing the respondents to allow the petitioner to run the liquor shop at Phagwara Excise Circle, allotted to her in the year 2013 -14 by extending the same for further one year.

(2.) GOVERNMENT of Punjab issued excise policy (Annexure P -2) for the year 2013 -14. The petitioner participated in the auction and got Phagwara Circle at the rate of Rs. 34.33 crores vide certificate dated 19.6.2013 (Annexure P -1). In pursuance thereof, the petitioner deposited 15% as security amount and the balance amount was to be deposited in nine equal monthly installments starting from April to December. The petitioner got all the sites approved from respondent No.3. As per clause 24.0, the Government can consider the renewal of licence for the same licencee for the year 2014 -15. Respondent No.3 vide notice dated 14.8.2013 (Annexure P -3) directed the petitioner to shift liquor vend on highway as per the order dated 30.7.2013 (Annexure P -4) passed by this Court in CWP No. 25777 of 2012. According to the petitioner, she had been depositing licence fee per month and had deposited till November, 2013 but the respondents did not allow the liquor vends at Khajurla, Chechru -II, Chacha Market, Poonam Hotel, Elite Line, Near Court -I, Near Court -II, JCT, Kheragate, Model Town, Town Hall, Bus Stand, Santokhgarh etc. District Jalandhar. On the one hand, the respondents were not allowing the petitioner to open liquor vend and on the other, they were pressurizing the petitioner to deposit the licence fee which she had been depositing per month. The petitioner had been assured by the respondents that her case would be considered for renewal of the licence for the year 2014 -15 as per the policy. The petitioner agreed to the request of the respondents and closed her shops in compliance with the order passed by this Court. The respondents vide notification dated 24.2.2014 (Annexure P -5) called applications from eligible candidates for fresh allotment of liquor licences. The petitioner submitted a representation dated 31.1.2014 (Annexure P -6) for renewal of licence. But no action has so far been taken thereon. Hence, the present writ petition.