PRIKSHAT SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this writ petition is for setting aside proclamation and attachment order dtd. 6/6/2018, Annexures P-8 and P-9, passed by respondent No.3, whereby property of petitioner i.e., land measuring 11 Kanal 12.5 Marlas has been attached.

(2.) Brief facts as pleaded in the writ petition are that petitioner's brother i.e., respondent No.8, namely Mr. Sunny Sharma was afforded license of liquor shops of Amritsar Zone-1 and Zone-2 for the year 20172018. Copy of certificate dtd. 28/12/2017 is attached as Annexure P-1. While granting said license to respondent No.8, his wife i.e., respondent No. 9 stood surety and guarantee and that petitioner at no point of time stood surety or guarantee of respondent No.8 at the time of grant of liquor license to him and neither did he (petitioner) sign any agreement or documents pertaining to any agreement with the Excise Department. However, his property as detailed in this writ petition was incorrectly attached vide impugned order dtd. 6/6/2018.

(3.) It was submitted that petitioner had in-fact sold this land to one Hardeep Singh son of Mohan Singh, Ashok Kumar son of Lal Chand, Subash Chander son of Krishan Gopal and Jaswant Singh son of Kartar Singh, residents of Amritsar for a sum of Rs.80,00,000.00 in July 2012. Reference is made to power of attorney dtd. 27/7/2012 and receipts of money received (Annexures P-2 to P-4). It was further submitted that official respondents issued letter dtd. 29/6/2017 to respondent No.8 to deposit the amount due towards license fees, failing which his license may be cancelled.