UNION TERRITORY OF J&K Vs. VINEY VERMA

JUDGEMENT

(1.) Sanjay Dhar, 'J' Cav No. 2082/2021 Learned senior counsel for the caveator has entered appearance. Caveat stands discharged. 1. The appellants have challenged order dtd. 21/10/2021 passed by the Writ Court in WP(C) No.1738/2021 filed by the writ petitioner/respondent No.1 herein, whereby appellants herein have been directed to allow the writ petitioner to run his liquor vend in pursuance of Licence No.106/e-auction ID 583/JKEL-2/2021-22, location: JMIC Ward No.49-F, Transport Nagar, Jammu at his own risk and responsibility, subject to outcome of the writ petition.

(2.) It emerges from a perusal of record that the writ petitioner/respondent No.1 herein had filed a writ petition challenging suspension of sale of his liquor vend pursuant to a communication No. ETO/CRS/2249-52 dtd. 14/8/2021 issued by the Excise and Taxation Officer, City Excise Range South, Jammu which had its genesis to cancellation of petitioner's character certificate dtd. 20/5/2021 in terms of Corrigendum No. 7563-67/SDCW dtd. 13/8/2021 issued by the SDPO City West, Jammu. The writ petitioner has, besides challenging the aforesaid communications, also sought a direction upon the respondents/appellants herein to allow him to run his liquor vend allotted to him vide Licence No.106/e-auction ID 583/JKEL-2/2021-22, location: JMIC Ward No.49-F, Transport Nagar, Jammu.

(3.) It was contended by the writ petitioner/respondent No.1 herein before the Writ Court that pursuant to allotment of liquor vend in his favour, he had deposited the requisite Licence fee equivalent to bid amount and completed all other formalities including submission of clearance certificate issued by the District Magistrate, Jammu on 20/5/2021 which was based upon the character certificate issued by the SDPO City West Jammu on 20/5/2021. It was further contended by the writ petitioner that vide the impugned communication, the character certificate dtd. 20/5/2021 has been cancelled in an arbitrary and unwarranted manner, as a result of which, the writ petitioner, who had stocked liquor worth Rs.6.00 lac in his shop, has been subjected to recurring losses.