GRAM PANCHAYAT Vs. EXCISE AND TAXATION COMMISSIONER

JUDGEMENT

(1.) The Gram Panchayat of village Tarkheri Kalan is the petitioner. It passed a resolution on September 12, 1998 that there should be no liquor vend in the village. Despite that, the liquor vend in the petitioner's village was auctioned for the year 1999-2000. Hence, the petitioner has approached this Court with a prayer for the issue of a Writ of Mandamus directing respondent No. 1, the Excise & Taxation Commissioner, Punjab not to open a liquor vend in the village.

(2.) A written statement has been filed on behalf of respondent No. 1 by the Excise & Taxation Officer (Excise), Patiata. It has been inter alia, averred that the Sarpanch of the petitioner Panchayat had "led a movement against the liquor vend. On 3-4-1998 they forcibly entered the vend, damaged some liquor and the counter.........." A complaint was filed in the Court of Judicial Magistrate 1st Class, Nabha. The Sarpanch has been named as one of the accused. On merits, it has been averred that three cases were registered under Section 61 of the Punjab Excise Act, 1914, vide F.I.R. No. 23, dated May 12, 1998, F.I.R. No. 27, dated June 18, 1998 and F.I.R. No. 1, dated January 9, 1999. In view of these cases, it has been stated that instead of introducing prohibition, there would be encouragement of illicit liquor trade. A copy of the order passed by the Excise & Taxation Commissioner on March 10, 1999 has been produced as Annexure R-3 with the written statement.

(3.) A separate written statement has been filed by respondent No. 2, the contractor, whose bid for the vend has been accepted.