BHUPINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who alleges to be a L-13 Licensee in terms of Excise Policy for the year 2007-08 upto 31.03.2008, has filed this writ petition seeking the issuance of a writ in the nature of certiorari for quashing of a public notice dated 30.03.2008 ( Annexure P-9 ), issued by Excise and Taxation Commissioner, Government of Haryana, Chandigarh, vide which applications have been invited for the allotment of operation of whole sale Licence of country liquor ( L-13 ) from the general public for the year 2008-09 in various districts of the State, on the ground that the said notice is contrary to the Excise Policy announced for the year 2008-09 read with the provisions of Punjab Excise Act, 1914 ( as applicable to Haryana ) and Haryana Liquor Licence Rules, 1970. The petitioner has further sought a direction to the respondent- authorities to allow him to run L-13 Liquor Vends for the year 2008-09 in terms of the Excise Policy in Ambala District and also for the direction to the respondents not to conduct fresh allotment of L-13 wholesale Licenses of country liquor by way of public notice ( Annexure P-9 ).

(2.) As per the averments made in the writ petition, the petitioner is an accredited L-13 Licensee in terms of the Excise Policy for the year 2007-08, i.e. up to 31.03.2008. It is the case of the petitioner that the Excise Policy for the year 200809 has been announced, vide Annexure P-1 and the petitioner is entitled to continue for the current year i.e. 2008-09. It has also been averred in the writ petition that the petitioner has already deposited the requisite fee for renewal of the licence, security deposit and licence fee up to 15.04.2008, vide Annexures P-2, P-3 and P-3A respectively. Apart from the deposit of the licence fee, security deposit, the petitioner has also submitted NOCs from the Municipal Council ( Annexure P-4 ), District Health Officer ( Annexure P-5 ), Fire Officer ( Annexure P-6 ), map showing the location of godown ( Annexure P-7 ) and affidavit in prescribed performa ( Annexure P-8 ). As per the case of the petitioner, all these documents have been accepted by the department and he is running L-13 Vend even after 31..03.2008 and the department has accepted the Licence fee from 01.04.2008 to 15.04.2008 as per Annexure -P3A. It has been further averred in the writ petition that after accepting the application for renewal with necessary documents, the respondents authorities have published notice dated 30.03.2008, inviting applications from general public for the allotment of whole sale Licence of country liquor ( L-13 ) for the year 2008-09 in the various districts of the State of Haryana in contravention of the policy ( Annexure P-1 ).

(3.) Shri Mohan Jain, Senior Advocate assisted by Mr. Vikram Jain, Advocate has argued that the petitioner has applied for allotment of L-13 Vend in consonance with Excise Policy for the year 2008-09 and he is entitled to the allotment of the same as the Excise Policy has already been approved by the Government and he has deposited the Licence fee etc., which has been accepted and therefore, he is entitled to the renewal of the said Licence for the current year and the allotment of L-13 Licence in the State of Haryana through draw of lots is an afterthought by the Licensing Authority, which is not in line with the Excise Policy and therefore public notice (Annexure P-9) is liable to be quashed.