VISHAL BAR AND RESTAURANT Vs. STATE OF J&K

JUDGEMENT

(1.) LICENSE No. 91/JKEL-4 was issued on 17th September, 2005 in favour of the appellant, whereunder he was authorized to sell Foreign Liquor and Indian Made Foreign Liquor at a Bar located in a Restaurant, and the premises for conducting the business in aforementioned license was indicated as " New Plot, Jammu ". About 25 ladies of different age groups filed writ petition bearing OWP No. 448/2006 before the writ court, in which, besides others, Excise Commissioner, J&K Government, Srinagar was impleaded as respondent no. 2 and present appellant was impleaded as respondent no. 5. The reason for filing of aforementioned writ petition was that the authorization to sell liquor in the Restaurant at New Plot, Jammu had resulted in not only inconvenience to the women folk and children of the said area, but was also causing nuisance in the area. The writ court vide its interim order dated 14.06.2006 directed that, in case, competent authority is seized of any representation, same may be addressed on the touchstone of the Statute. Respondent no. 2 on 07.08.2006 passed order, whereunder, three months time was allowed to the appellant for changing location of bar, however, within the frame work of norms, rules and policy. It was also provided that license may subsist, but will remain non-functional till location is changed. The said order is taken note of:

(2.) IT is this order, which was called in question by the appellant in OWP No. 589/2006 and writ court vide its judgment dated 08.06.2012 dismissed the same.

(3.) PERUSAL of order dated 07.08.2006, which was impugned in the OWP No. 589/2006, would show that appellant sought time for shifting bar from existing location, within the frame work of excise policy, norms and rules. Petitioners in OWP No. 446/2006 agreed for running of restaurant, subject to the condition that word "BAR " would be omitted and "BAR CLOSED " would be prominently displayed on the sign board and all the tainted glasses would be removed. Respondent no.2, on the basis of request of appellant, directed that M/s Vishal Bar and Restaurant shall immediately close the bar and omit the words "BAR " from the main sign board. It was also directed that sign board "BAR CLOSED " be prominently displayed on the restaurant and all the tainted glassed be removed to have transparent view of the restaurant. It was also directed that license may subsist, but will remain non functional till premises is changed within the frame work of norms, rules and policy.