(1.) This order shall dispose of CWP Nos.5593, 5740 and 7668 of 2016 as learned counsel for the parties are agreed that the issues involved in these petitions are identical. However, the facts are being extracted from CWP No.5593 of 2016.
(2.) In CWP No.5593 of 2016, the petitioner prays for quashing the newly created/added Clause 2.14 of L -1A licence in the Excise Policy dated 13.3.2016 for the year 2016 -17, Annexure P.1 being arbitrary, illegal and against the provisions of the Punjab Excise Act, 1914 (in short, "the Act") and the Punjab Liquor Licence Rules, 1956 (for brevity, "the Rules") as Excise department has no power/authority to add, delete or cancel any kind of category of licence in the Excise policy without amending the relevant Acts and the Rules where there is a chart of liquor licences. Further prayer has been made for a direction to the respondents to bring clear cut transparency in the procedure for allotment of L -1A licence by holding draw of lots. Direction has also been sought to the respondents to decide the legal notice dated 17.2.2016, Annexure P.2 submitted by the petitioner and to stay operation of issuance of L -1A licence till the pendency of the present writ petition.
(3.) A few facts relevant for the decision of the controversy involved as narrated in CWP No.5593 of 2016. The petitioner is engaged in the business of liquor trade for the past so many years in the State of Punjab. In the month of March 2016, the State of Punjab announced its Excise policy for the year 2016 -17 under the Act and the Rules. In the previous excise policy for the last year, there were different classes of licences mentioned in the Rules. The controversy arose when the State Government announced its excise policy for the year 2016 -17 in which excise department has added a new dimension to the category namely L -1A licence which is above the category of L -1 licence which is a wholesale licence for the sale of Indian made foreign liquor (IMFL). The relevant portion of the terms and conditions for the allotment of new category of L -1A licence as stipulated in Clause 2.14 of the excise policy for the State of Punjab for the year 2016 -17 reads as under: -
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