J&K Excise Act nowhere provides that a person cannot hold two licenses of different types together and simultaneously: DB

03/01/2023

Jammu, Jan 2: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice (Acting) Tashi Rabstan and Justice Rajesh Sekri while dismissing the appeals filed by J&K Excise Department, observed that the J&K Excise Act Svt., 1958 nowhere provides that a person cannot hold two licences of different types together and simultaneously.
Even, there is no prohibition in Rules 18 and 19 of J&K Liquor License and Sales Rules, 1984 with regard to holding of JKEL-2 license in conjunction with JKEL-6 license. Further, we are in complete agreement with the learned Single Judge that from a plain reading and understanding of the Rules as they stand, there is hardly any scope for placing the interpretation as is sought to be placed by the writ respondents on Rule 19(1) read with Rule 39(6) and what is prohibited is clearly contained in Rule 18.
DB after hearing Advocate General DC Raina with Deputy AG KDS Kotwal for the Department whereas Adv YE Tak for the respondents observed that these Letters Patent Appeals aredirected against the judgment dated 17.11.2022 delivered by the Single Judge in WP(C) No.1813/2022 & 1833.2022, whereby the Single Judge, while allowing the petition, set aside the order dated 23.08.2022 disqualifying the writ petitioner to hold the license of retail vend (JKEL-2) for being holder of license for bottling (JKEL-6), with a direction to Excise Commissioner to immediately and forthwith allow the petitioner to operate his vend by issuing the requisite license in his favour. It was further directed that since by the act of Excise Commissioner issuing the order dated 23.08.2022, the writ petitioner has lost half of the period of license, as such he would be entitled to refund of 50% of the bid amount, which was to be released within a period of four weeks.JNF

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