RAM SINGH EX. SARPANCH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India prays for issuance of a direction to the respondents to cancel the allotment of the liquor vend which have been located within the abadi of village Panjokhra Sahib or in the alternative to shift the same beyond 1 kilometer from the abadi of the village.

(2.) BRIEF fact of the case are that the Gram Panchayat had submitted a resolution or 3.9.2006 which was passed in its meeting held on that day. According to the resolution, the residents of the village as well as the Principal of the Government Senior Secondary School, Panjokhra Sahib have sent requests to close liquor vend located in the village or to remove the same. Earlier to that, a letter dated 18.9.2000 was also sent by the management of the Gurdwara Panjokhra Sahib which was addressed to the Deputy Commissioner, Ambala, whereby a request was made not to permit setting up of any liquor vend in that religious place. A copy of the resolution was sent to respondents which was duly received by the Deputy Excise and Taxation Commissioner (Excise) Ambala on 7.3.2007. The Sarpanch of the village Iqbal Singh also appeared before the Excise and Taxation Commissioner, Haryana as advised by his letter dated 23.2.2007. He prayed for closing the liquor vend. Despite the promise made by the Commissioner Excise and Taxation to look into the matter, no action was taken.

(3.) ON behalf of the respondent Nos. 6 and 7 the stand is similar as is taken by the respondent Nos. 1 to 5. They have, however, pointed out that this petition has emanated from the mala fide of the petitioner to file this petition because the negotiation for hiring his land for construction of wooden khokha had failed and respondent Nos. 6 and 7 got an offer from the owner of the adjoining land for setting up the liquor vend. It has also been pointed out that the petitioner has never been a Sarpanch of the Village and he is an Ex-convict who has served sentence of life imprisonment.