RAMANJOT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The instant writ petition has been filed for the issuance of a writ in the nature of mandamus directing respondents No. 1 to 3 to provide protection to the petitioner to carry on business of retail sale of Punjab Medium Liquor (PML) and Indian Made Foreign Liquor (IMFL) from his shops/liquor vends for the excise circle Dhanaula, District Barnala granted vide licences in Form L -14A & L -2 dated 01.04.2015 (Annexure P -1 and P -2, respectively). Further direction has been sought to respondents No. 4 to 11 not to interfere in the day to day running of retail sale at the liquor vends as respondents No. 5 to 11 have forcibly taken over the possession of the liquor vends with the support of respondent No. 4 -S.P. Pahuja, Excise & Taxation Officer, Barnala.

(2.) Brief facts of the case are that the State of Punjab has framed the Excise Policy in the year 2015 -2016. As per Excise Policy, the petitioner, who is working under the name and style of Ramanjot Singh & Company, Dhuri as a sole proprietor applied for the same and an application was moved before the licensing authorities under the signatures of Ramanjot Singh. Consequently, licences (Annexures P -1 and P -2) have been issued in the name of Ramanjot Singh & Company Dhuri which are valid upto 31.03.2016 and in pursuance of the same, the petitioner is doing business but respondent No. 4 issued a letter dated 30.10.2015 (Annexure P -3) under his signatures in the name of Assistant Excise and Taxation Commissioner on the application of respondents No. 5 to 11 to the Sr. Superintendent of Police, Barnala. The said letter apparently appears to have been issued for extraneous reason and not as per the documents on the office file.

(3.) In pursuance of notice of motion, parties appeared and filed their respective replies. Respondent No. 4 has filed specific reply that he was Excise and Taxation Officer of District Barnala. In the reply it is averred that the matter relates to the functioning of liquor vends of Dhanaula Group of District Barnala for the year 2015 -2016 (Licensing Unit Code No. 38U3/1 -6) and the group comprises of 6 (L -14A) country liquor vends and 6 IMFL (L -2) vends in the area of Dhanaula Municipal Council and 17 (L14 -A) liquor vends and 7 (L -2) vends in the rural area of this Excise circle. The license for the group was granted for annual license fees of Rs. 8,94,68,555/ -. Out of this license fee, the successful licensee was required to deposit 10 % of the amount as security and the remaining amount in 9 installments prescribed in Rule 36 of the Punjab Liquor License Rules, 1956. It is further averred in reply that Ramanjot Singh along with some other persons submitted an application for grant of licence under the name and style of firm "Ramanjot Singh and Company". Copy of the same has been annexed as Annexure R -1 with the reply of respondent No. 4. A perusal of Annexure R -1 shows that it has been signed by only one Ramanjot Singh, however, there is reference to three photographs that might be affixed over it. Even the receipt Annexure R -2 shows that Ramanjot Singh and Company had deposited Rs. 55,000/ - for L -14A/L2 with the Assistant Excise & Taxation Commissioner, Barnala. The Income Tax Department has assigned account number AAPFR4536H (Annexure R - 3) to the firm. A reference to partnership deed, Annexure R -5, has been made in the reply by respondent No. 4. Besides, the receipt of challan and deposits have been annexed.