NARENDRA SINGH Vs. DISCOVERY WINES AND OTHERS

JUDGEMENT

(1.) Petitioner-Defendant No.5 has filed the present revision petition against the impugned orders dated 26.05.2016 and 11.05.2016 passed by the Courts below, whereby, suit instituted at the instance of the respondentplaintiffs claiming relief of mandatory injunction directing the defendants to measure 'To' and 'Fro' motorable distance between the location of L-2 Liquor Vend of the plaintiffs located in Phase-V, Udyog Vihar, Gurgaon and marked by letters ABCD in the annexed site plan as well as the distance of L-2 Liquor Vends located at Moulsary Avenue, DLF Phase-III, Gurgaon and village Nathupur U-Block, DLF Phase-III, Gurgaon and marked by letters EFGYH and IJKL respectively in the aforesaid site pan, from DLF Cyber Hub in accordance with applicable Excise Policy after giving prior notice to them and consequential relief of permanent injunction restraining the defendants from acting upon in any manner the measurements allegedly conducted on 12.04.2016 with a further direction to the defendants restraining them from issuing any permit or granting any sanction on the basis of the aforesaid measurement in favour of L-2 Liquor Vends located at Moulsary Avenue, DLF Phase- III, Gurgaon and village Nathupur U-Block, DLF Phase-III, Gurgaon.

(2.) He further submits that interim measure in the suit seeking the aforementioned relief, on an application filed by the petitioner, the trial Court, vide order dated 22.04.2016 (Annexure P-7), passed the following order which reads thus:-

(3.) He submits that as per the order, the official defendants presenting the department placed on record a letter signed by authorised signatory of DLF Cyber City Developers Ltd. mentioning therein that gate no.3 adjacent to parking no.2 is authorised for 'Entering' and 'Exit' of vehicles engaged by the respective L-4/L-5 licences for delivering liquor to their premises at Cyber Hub Gurgaon and keeping in view the fact that earlier measurement recorded in the report dated 12.04.2016, was not done in the presence of the plaintiffs and ordered that DETC Excise Gugaon to constitute a committee including one ETO who shall prepare the report regarding determining the nearest vend, i.e., the sum of 'To' and 'Fro' motorable distance between locations of licences and L-2 vends. The aforementioned committee conducted the inspection and submitted the report dated 27.04.2015 and gave the details of distances which read thus:- <FRM>JUDGEMENT_153_LAWS(P&H)8_2016.html</FRM>