BAL RAM JAISWAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners by means of this writ petition has challenged a notification dated 28.4.2007 issued by the State of Himachal Pradesh whereby the Himachal Pradesh Liquor license Rules, 1986 have been amended and the licencees holding L -14 and L -14 -A licensees have been prohibited from selling beer.

(2.) It is the admitted case of the parties that since 1998 licencees holding license for L -14 and L -14 -A retail vends were permitted to sell beer. A license in form L -14 is for retail vend of country spirit to be consumed on and off the premises. A license in form 1 -14 -A is for retail outlet of country spirit to be consumed only off the premises. The Department of Excise and taxation Department, Himachal Pradesh invited applications for grant of retail outlets. The Department also issued the Excise Announcements and the relevant portions of the same read as follows: "4.(1) Subject to other conditions, the following licenses may be granted on fee fixed by the Excise & Taxation Commissioner in consultation with the Government as prescribed in the succeeding paras: - (a) A license in form L -2 for wholesale, and for retail vend of Foreign Liquor to the public only. (b) A license in form L -14 for retail vend of country spirit including beer for consumption on and off the premises and a license in form L -14 -A for retail vend of country spirit including beer for consumption off the premises," xxxxxxxxxxxx Beer shall be sold in urban area in departmental stores etc. also in ddition other liquor vends lime L -2, L -14, L -14 -A and L -3, L -4 and L -5 etc. Such store shall have to obtain license in form L -10 -BB separately under Excise Act. Such licensees shall obtain the supply of beer from L -1B and L -1 -C on payment assessed fee as prescribed." The Excise and Taxation Commissioner also issued notice inviting applications for the retail sale of country liquor L -14 & L -14 -A and one of the conditions therein reads as follows: "Beer shall be sold in retail from L -2 licensed outlet and from L -14 and L - 14 -A licensed outlet in rural area."

(3.) The petitioners herein applied for grant of L -14 and L -14 -A vends at Cart Road, Shimla, Subji Mandi -1, Shimla and Subji Mandi -ll, Shimla. These vends are in the Urban area of Shimla. These vends were allotted to the petitioners and they started selling beer in these vends. On 28.4.2007 the Excise and Taxation Department issued a notification amending the H.P. Liquor License Rules, 1986. Relevant portion of the notification reads as follows: "1. In rule 1, in the columns against L -14 & L -14 -A the words "and beer" shall be deleted" In terms of this amendment the petitioners now cannot not sell beer and were not permitted to lift beer, hence they approached this Court by way of present writ petition.