Closure of Bars
Excelsior Correspondent
JAMMU, Sept 11: The High Court today disposed of a petition filed by 27 Bar and Restaurant owners with directions to the authorities to pass appropriate orders within a period of two weeks.
The petition was disposed of by Justice Dhiraj Singh Thakur after hearing Senior Advocate MK Bhardwaj and Advocate Ajay Vaid for the petitioners and Advocate General DC Raina and Additional Advocate General Aseem Sawhney for the respondents.
The petition had been filed by 27 owners of Bar and Restaurants.
The petitioners said their licenses are renewed in terms of Jammu and Kashmir Liquor License and Sale Rules 1984 framed in terms of J&K Excise Act 1958.
They sought direction to authorities to expedite and finalize the process of issuance of No Objection Certificate for renewal of Bar licenses in their favour.
Justice Thakur directed that if there is any shortcoming in documentation of any licensee, he should be informed not later than one week with a view to enable the licensees to take remedial measures.
“In case, the licensees apply to the District Magistrate concerned or to any concerned Authority for obtaining the NOC, then appropriate orders shall be passed on such applications by the DMs or other authorities not later than 10 days from the date of application. On making up such deficiencies, the Excise authorities would proceed to pass orders within two weeks thereafter,” Justice Thakur said.
He read out the judgment titled Balbir Lal Vs State of J&K wherein Division Bench holds that “Trade in liquor is restricted. It can be regulated. Merely because a liquor vend has been opened at a particular place will not mean that the other development activities, which are basic in nature, in the area have to be put on hold just because a liquor vend exists there. For renewal of any license, satisfaction of all the conditions which are required for the purpose of grant thereof are inbuilt and have to be satisfied in case, any license is to be renewed.
“The competent authority will be well within its right to ensure compliance thereof in case, in addition to any conditions, laid down in the Excise Policy for the year before renewal of any license, if permissible. Rule 16 of the Rules provides that no one has a right to claim renewal of the license.”.
He further said it becomes clear that the renewal of licenses cannot follow as a matter of course and therefore, all the formalities, which are otherwise required for obtaining fresh licenses may have to be followed.
Counsel for the petitioners, however, stated that all the formalities which are otherwise required to be completed by the petitioners have been done and therefore, now it was for the Excise authorities to make necessary recommendations in favour of the petitioners for formal renewal of licenses by the Excise Commissioner.
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