CITIZENS OF SIMLA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A letter was received by this Court purporting to be from the residants of Simla. It was complained that the State has granted and setup liquor vends in Simla and other places in violation of the States declared policy. It was averred that most of the liquor vends are practically, next to educational institutions, places of worship, hospitals and defined labour and harijan colonies. It was stated that they were afraid to come to the Court by way of a regular writ petition because "the moment we will do so we are sure that the Alcohal Kings would storm our business and residences and make our and our childrens life miserable both under intoxication and with the influence of their purses and the army of goondas at their back and call." It was also stated : In the past few years numerous instances of shop of barking, window smashings, incidents of student fightings under influence of liquor, eve -teasing, destroving the calm atmosphere at Simla and making movements of citizens as also visitors in Simla after sun -set are numerous which the authorities refuse to take notice. On 30 -11 -82 fresh incident took place when the goondas smashed the doors etc. of Embassy Restaurant on the Mall, Simla, at 9 p m. "This letter was converted into a civil writ petition. At our request Shri D. K. Khanna, Kapil Dev Sood, and Bhawani Singh, Advocates agreed to appear for the residents of Simla. Notice was issued to the State calling upon it to give full details of the liquor vends at places mentioned in the letter. The State was also directed to disclose the names of the proprietors of these vends. The State gave a list of some of the liquor vends. Notices wire issued to the proprietors of these vends. The State as well as the propreitors of the vends in question have filed their returns.

(2.) The State in its return again enclosed a list of various vends. There are 14 vends in Simla town, 39 vends in the Simla district excluding the town, 8 vends in district Chamba, one in district Una, 14 vends in district Mandi, 17 in district Solan, 9 in district Sirmur, and 7 in district Bilaspur. This list (Annexures Rule 1, Rule 2, and Rule 3) shows the distance of every vend from educational institutions and places of worship etc. It also shows the vends which are situated on the national highway. A very great majority of liquor vends are within 200 yards from educational institutions, places of worship, hospitals, and defined labour and harijan colonies. One of the liquor vends (at SI. No. 4 of Annexure Rule 1) is only 22 yards from the school. Another liquor vend (at serial No. 5 of Annexure Rule 1 is only 28 yards from the school, many vends are hardly 40 to 60 yards from the places of worship. Numerious vends are on the national highway. Some are near recognised labour colonies.

(3.) Before we discuss the contentions raised before us, we may straightway notice the stand of the State. The State does not deny that the defaulting vends are situated at places where they should not be according to the declared policy of the State. But their location is justified "in the larger interest of Government revenue as the excise revenue is also a major source of income of the H. P. State exchequer which are utilised towards various." The return is based on the affidavit of Shri B. K. Kapoor, Under Secretary (Excise and Taxation) to the Government of Himachal Pradesh. Simla, It is prayed in the return that "the request of the petitioners may be rejected in larger public interest and much needed revenue to the State Government. -