ANIL KOHLI Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) With the consent of learned counsel for the parties, this petition is taken up for final disposal.

(2.) Order dated 8th March, 2012 issued by the District Magistrate, Kishtwar is called in question in this petition, wherein purportedly, under Section 47 of the J&K Excise Act, petitioner was asked to close the liquor sale shop by 31st of March, 2012 on the ground that there is apprehension of breach of public peace. Petitioner was also informed that further extension will not be granted for closing down the shop and on failure, the shop shall be sealed.

(3.) Learned counsel for the parties submitted that Section 47 of the J&K Excise Act Samvat 1958 (for short the "Act of 1958") would require for closing of the shop at such time or for such period as District Magistrate may think necessary for preservation of public peace. Section 47 is taken note of: