GODARA WINES Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the present writ petition, the petitioner M/s Godara Wines, which is a partnership firm, has prayed for issuance of a Writ in the nature of Certiorari for quashing the allotment of L-1 license allotted by the respondent-State in favour of private respondents i.e. respondents No. 4 to 7 for the District Hisar in pursuance of the Excise Policy for the year 2008-09 of the Government of Haryana and Public Notice (Annexure P-2) inviting applications for the allotment of wholesale licenses of IMFL (L-1) for the general public, with a further prayer for issuance of a direction to respondents No. l to 3 to consider the case of the petitioner-firm and allot L-1 license for the District Hisar.

(2.) THE brief facts of the case are that the State of Haryana issued Excise Policy for the year 2008-09 for allotment of retail and wholesale licenses for the sale of IMFL. The relevant part of the said policy is reproduced hereunder :

(3.) AS per the averments made in the writ petition, no response was received from respondent No. 3 as regards the allotment of L-1 license in the District Hissar. However, after a few days, the petitioner-firm came to know that all the four L-1 wholesale licenses for the District Hisar were allotted by the official respondents to respondents No. 4 to 7. On coming to know about this, the petitioner-firm represented to the Deputy Excise and Taxation Commissioner (Excise) District, Hisar to provide the details of the revenue/license fee generated by respondents No. 4 to 7 under L-2 licenses and from these details, the petitioner came to know that the revenue generated by respondents No. 4 to 7 is less than the present petitioner-firm and yet they have been allotted L-1 license with a mala fide intention and for extraneous consideration. Hence, this writ petition.