DB directives in Wine Shop case
24/03/2017
Jammu, Mar 23: In a much publicized wine shops case, a Division Bench of State High Court Comprising Justice Alok Aradhe of Justice Tashi Rabstan after considering the submissions made by counsel for the parties and Mr Rahangir Ganai Advocate General has
submitted that in compliance of the directions issued by the Single Judge, the new policy will be notified on or before 31.3.2017.
Division Bench further observed that however the fact remains that despite notification of the new excise policy by the State government, the process of invitation of bids for allotment of liquor vends may take time.
In case the petitioners are not allowed to run the liquor vends and to pay licence fee, the same would result in loss to the public exchequer and directed that the appellants shall be allowed to run their shops subject to payment of the license fee as required under the terms and conditions of the licence till process of fresh tender for grant of liquor licences is completed.
DB further said that "Needless to state that the appellants shall also furnish undertaking before the competent authority that they shall not operate the liquor vends in case, the licence is not granted to them. Needless to state that the appellants would also be at liberty to participate in the process of fresh tender. The aforesaid interim arrangement shall be subject to the final outcome of the writ petition.
“Advocate General has submitted that in case the interim relief as prayed for by the appellants is granted, the same would amount to rewriting of the terms and conditions of the licences. It is further submitted that appellants were granted licences for the period of four months from 20.8.2005 to 19.12.2005.
It is also submitted that the appellants have no indefeasible right to claim continuance and by virtue of interim orders granted by the learned Single Judge and the appellants have continued for a period of more than eleven years. Learned Advocate General has invited attention of this Court to Rules 17, 26 and 27 of the Jammu and Kashmir Liquor Licence and Sale Rules, 1984. It is also submitted that new policy has been approved and it will be notified by or before 31.03.2017” the Court observed. JNF
Share This Story |
|
Comment On This Story |
|
|
|
|