ARUN KAUSHAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have challenged Clause 2.2 of the Excise Policy of Haryana State for the next excise year 2017-18 which reads as under:-

(2.) The petitioners inter alia carry on business as retailers in different types of liquor. They contend that Clause 2 suffers from several infirmities. It is contended that the policy insofar as it divides the area into zones is illegal, arbitrary, contrary to the aims and objects of the respondents in relation to the liquor trade so far as retailers are concerned and is contrary to the Haryana Liquor Licence Rules, 1970. It is also contended that the allotment of retail outlets (referred to in trade as vends) of liquor in units of zones leads to cartelization, promotes the dominance of the liquor mafia and facilitates smuggling.

(3.) Mr. Vivek Singla, the learned counsel appearing on behalf of the petitioners relied upon the following part of the preface to the Policy:-