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2018 Supreme(HP) 541

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR
Vishal Goswami – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjeev Bhushan, Senior Advocate with Ms. Abhilasha Kaundal, Advocate.
For the Respondent:Mr. Ajay Vaidya, Senior Advocate with Mr. Vikas Rathore and Mr. Narinder Guleria, Addl. AGs, Mr. Shrawan Dogra, Senior Advocate with Mr. Anup Rattan, Advocate

JUDGMENT :

Dharam Chand Chaudhary, J.

In this petition order Annexure P-1 whereby the site at Macleodganj district Kangra the petitioner has chosen to run the liquor vend (L-2) allotted to him for the year 2018-19 has been rejected with a direction to select a new site/premises acceptable to M/S J.R. Wines, respondent No. 5 herein and shift the vend to such newly selected site in Macleodganj is under challegne. The allotment of liquor vend (L-2 Bhagsu Road, Tehsil Dharamshala, District Kangra) in favour of respondent No. 5 has also been sought to be cancelled on the grounds, inter-alia that one of its partner namely Ranjeet Singh is a defaulter and the said respondent has allegedly even not deposited the security i.e. 5% of the total licence fee in terms of condition No. 2. 21 to the Excise Announcements Annexure P-3 issued for the Allotment of Retail Excise vends by draw of Lots during the current year 2018-2019.

2. The Announcements contain the procedure required to be followed for making the allotment of liquor vends in the State. The list of L-2 vends for Kangra district is Annexure-C to the Announcements. The L-2 vends in dispute in this list are at serial No. I i.e. Bhagsunag an































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