Excelsior Correspondent
JAMMU, Nov 22: In the much publicized allotment of liquor vends in the year 2003, Division Bench of State High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar, while dismissing an appeal for being merit less, has asked the Writ Court to dispose of the petition expeditiously in view of the observations of the Supreme Court made in the order dated April 30, 2009.
After hearing battery of lawyers for appellants and respondents and while referring various judgments of Supreme Court, Division Bench observed, “the appellants in their petition have referred the fact and events which ultimately culminated in issuance of temporary licenses in their favours. The appellants have referred to the decision of the official respondents to settle the allotment of vends and issuance of licences through draw of lots”, adding “the appellants-petitioners earlier had not applied for allotment of vends and issuance of licences. However, 39 respondents were selected by process of draw of lots for allotment of liquor vends and issuance of liquor licence for dealing with the liquor in retail, which process was called in question before the Writ Court. The Writ Court quashed the process of allotment of vends through draw of lots. However, the Writ Court order was set aside by the Division Bench”.
“The courts are duty bound to consider and decide issues involved in a case and amongst the parties. Different parties raise different issues, which are to be settled by the court”, the DB said and referred to the order of Supreme Court dated April 30, 2009 whereby the opportunity was given to 39 respondents to intervene as parties in the writ petition and it was provided that it would be open to all the parties to raise all the issues before the High Court.
Division Bench further observed, “the contention of the Senior Counsel for the respondents about the maintainability of this appeal is not tenable in view of the law laid down by the Supreme Court in “Shah Babu Lal Khimji’s case”. Accordingly, DB dismissed appeal as merit less and requested the Writ Court to dispose of the petition expeditiously in view of the observations made by the Apex Court in order dated April 30, 2009.
Senior Advocate Z A Shah with Advocate Vipin Gandotra, Senior Advocate D C Raina with Advocate Ananta Raina, Senior Advocate R K Gupta with Advocate Prem Nath Sadotra appeared for the appellants whereas Senior Advocate M A Goni with Advocates AH Bhat and AS Kotwal and Senior Advocate S S Lehar with Advocate Vandana Sharma and Advocates Pranav Kohli and Hancy Maini appeared for the respondents.
According to the brief background of the case, in 2003 a committee was constituted to make survey of the areas from the tourist point of view where vends could be opened. On the basis of the report of committee, 89 locations were identified and Excise Department vide notice dated 22nd of September 2003 invited applications for allotment of liquor vends.
A total of 7781 applications were received pursuant to the notice. The 39 respondents were amongst those who responded to the notice dated 22nd of September 2003. The process initiated in terms of notice dated 22nd September 2003, however, did not culminate in issuance of licences as meanwhile there was shift in the liquor policy.
The respondents decided to abolish sale of country made liquor and took decision to open vends for sale of Indian Made Foreign Liquor. Further, 116 areas were identified for opening of liquor vends. As earlier notification for grant of licences for 89 locations received very huge response it was decided by official respondents that licences in respect of 116 additional vends will also be issued by considering the persons who had already filed applications.
In view of huge number of applications, Excise Commissioner proposed to make selection by draw of lots. The State Government approved the proposal of the Commissioner and notification in this regard was issued on 25th February 2004. The liquor vends were allotted by two consecutive lucky draws held on February 27, 2004. The respondents 39 were amongst those who were successful for allotment of vends in the 89 notified locations. Before the process could mature into issuance of licence matter was brought before the court in the writ petition and the writ court allowed the writ petition holding that choosing people by draw of lots was illegal.
The judgment of the writ court was challenged in LPA 2004 and Division Bench set aside the judgment of Single Judge while holding the allotment of vends through draw of lots to be legal and directed for notifying the vends and for inviting fresh applications. The 39 respondents being aggrieved by the judgment of the Division Bench filed SLP in the Supreme Court, which was converted into Civil Appeal No. 2949/2006 and was disposed of by the Apex Court along with connected Appeals vide order dated 30th April 2009 with various directions.
Trending Now
E-Paper
Follow our WhatsApp channel