MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 4062, 4981 and 5288 of 2008, challenging allotment of liquor vends in the District of Ludhiana-I for the year 2008-09. CWP No. 4981 of 2008 is filed in public interest, whereas, CWP Nos. 4062 of 2008 and 5288 of 2008 are filed by the aggrieved contenders for the allotment of liquor vends. However, for facility of reference, the facts are taken from CWP No. 5288 of 2009.

(2.) CHALLENGE in the said writ petition is to the allotment of liquor vends in favour of respondent Nos. 5 to 23, being illegal and violative of the Excise Policy for the year 2008-09, Punjab Excise Act, 1914 (hereinafter called as 'the Act') and Punjab Liquor Licence Rules, 1956 (hereinafter called as 'the Rules').

(3.) IN written statement filed on behalf of respondent Nos. 5 to 23 by one Manjit Singh-respondent No.16, the allegations of the petitioners were controverted and it was asserted that the respondents have filed the applications alongwith Banker's Cheque/Demand Drafts. It was explained that the Banker's Cheque is a pre-paid non-negotiable instrument 'on demand payable to A.E.T.C.' issued by the authorized signatories of the bank. It was, thus, alleged that the private banks have used different terminology, but the instrument does not change the true nature of the same. Alongwith the reply, a certificate issued by HDFC Bank has been annexed as Annexure R-2, showing that all the Banker's Cheques attached with the applications were made on or before 10.3.2008 i.e. last date of filing of the application forms.