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2004 Supreme(J&K) 356

V.K.JHANJI, Y.P.NARGOTRA
State Of J. &K. – Appellant
Versus
Vikas Jandial – Respondent


Advocates Appeared:
Advocate For Appellant: K.S. Johal
Advocate For Appellant: Sunil Hali
Advocate For Respondent: Z.A. Shah
Advocate For Respondent: D.C. Raina
Advocate For Respondent: Irfan Noor
Advocate For Respondent: Dinesh Verma
Advocate For Respondent: R.K. Gupta
Advocate For Respondent: W.S. Nargal
Advocate For Respondent: Sonia Gupta
Advocate For Respondent: Puneet Gupta
Advocate For Appellant: A.H. Naik
Advocate For Appellant: Deepika Mahajan
Advocate For Appellant: Kailash Vasdev
Advocate For Appellant: A.V. Gupta

PER V.K. Jhanji, J.

By this common order we propose to dispose of LPA(OW) Nos.63/2004, 68/2004, 72/2004, 54/2004, 69/2004 and APLPA 96/2004, as common question of law and facts are involved in all the appeals.

The appellants are aggrieved of order/judgment dated 10.6.2004 passed by the learned Single Judge in OWP No. 199/2004, titled, Vikas Jandial v. State of J&K, and other connected petitions.

For the sake of convenience, reference to `appellants hereafter in the judgment, is appellants in LPA (OW) No. 63/2004.

Vide the impugned judgment, the learned Single Judge has quashed Notification No. EC/STS/108/2004-05/1944-45 dated 27.02.2004 along with all consequential actions of appellants for selection of prospective licensees by draw of lots. The appellants, however, have been left with liberty to conduct fresh exercise and consider the applications received in respect of 89 notified locations; and further invite applications in respect of 116 additional locations, for which the applications had not been invited for grant of JKEL-2 licences, after following the procedure and adopting the methodology in accordance with Excise Act and Rules framed thereunder, and in terms of the Excise Po











































































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