STATE OF HIMACHAL PRADESH Vs. HEM SINGH

JUDGEMENT

(1.) Respondent had challenged the Excise Policy Announcements which stipulated the levy of additional fee and penalty, whenever the quantity of liquor manufactured and/or sold, fell short of the minimum guaranteed quota fixed every year for the licensees, three groups of persons, namely, manufacturers/distillers/bottlers, wholesalers and retailers.

(2.) The Coordinate Bench of this Court, after hearing the arguments, concluded as under:-

(3.) Mr. Ajay Vaidya, learned Senior Additional Advocate General, has submitted that the order dtd. 6/9/2019, was liable to be reviewed, as patent error which had crept in the order was liable to be corrected. He has submitted that the relevant provision of Sec. 27 of the Himachal Pradesh Excise Act, 2011 (hereinafter referred to as the "Act" in short), had not been duly considered by this Court while passing the order dtd. 6/9/2019. Reliance had been placed on the decisions of Coordinate Bench of this Court, in case titled Ram Lal versus State of Himachal Pradesh, dtd. 21/12/2007, in CWP No.2160 of 2007 and in case titled Himalayan Wine and others versus State of Himachal Pradesh, dtd. 28/6/2016, in CWP No.1525 of 2016, but the same have not been taken in consideration by this Court while passing the order dtd. 6/9/2019.