JUDGMENT :

Rajesh Bindal, J.—This order will dispose of five appeals bearing LPAOW Nos. 112 and 113 of 2017 & 72, 73 and 74 of 2019, which arise out of common order of the learned Single Judge dated 23.11.2017.

2. The brief facts and the prayer made in the writ petitions is summed up hereunder:-

The appellants herein had filed two writ petitions bearing OWP Nos. 855 and 1052 of 2017 before this Court seeking following reliefs:-

OWP No. 855/2017

“A. Mandamus:- Commanding the respondents no. 1 to 3 & 5-6 to shutdown the Bar and Wine shop situated on the Kirmachi Landhar road, State Highway which is illegal in terms of the Supreme Court Judgment The State of Tamil Nadu Rep. By its Secretary Home, Prohibition & Excise Dept. & Ors. Versus K. Balu and Anr.

B. Mandamus:- Commanding the respondents no. 5 to 6 to dismantle the illegal construction done by the respondent no. 9 and 10 which is contrary to the provisions of The Prevention of Ribbon Development Act, 1950.

C. Mandamus:- Declaring the sale of liquor by respondents no. 9 and 10 is illegal and bad in law in terms of Supreme Court Judgment and Fundamental Rights enshrined in our constitution.”

OWP No. 1052/2017

“A. Certiorari:- Quashing the communication no. DECEJ/Exc/2366-71 dated 13-06-2017 to the extent it provides that the M/s Amar Singh Wine Shop, Kainth Gali (owner respondent no. 9) and M/s Thakur Bar, Panchari (owner respondent no. 10) are not situated on the Highway (State Highway) and which is contrary to the SRO 106 of 1969, dated 21st Feb 1969 which provides Kirmachi-Landar Road is State Highway.

B. Mandamus:- Commanding the respondents no. 5 to 9 not to act upon the communication no.DECEJ/ Exc/2366-71 dated 13.06.2017 and not to allow the respondent no. 10 and 11 to run the Wine Shop and bar which is illegal from its inception.

The private respondents herein had also filed three writ petitions against the official respondents, bearing OWP Nos. 792, 811 and 993 of 2017, seeking following reliefs:-

OWP No. 792/2017

“(a) Mandamus, commanding and directing the respondents No. 3 to 6 to provide adequate protection to the petitioner for carrying out his business/trade under the name and style of M/S Thakur Bar and Restaurant, Panchari, District Udhampur in accordance with the terms and conditions contained in the Licence No. 135/KEL-4 dated 01.02.2008, which has been renewed from time to time latest renewal ordered vide Order No. 541 of 2017 dated 27.03.2017 for the year 2017-18 by respondent No.2.

(b) Certiorari, seeking to quash Communication bearing No. 32/TP/OQ dated 22.04.2017 addressed by respondent No. 4 to respondent No.3.”

“(a) Certiorari seeking quashment of the communication bearing No. 32/TP/OQ dated 22.04.2017 addressed by Respondent No. 4 to the Respondent No.3.

(b) Mandamus commanding the Respondent No. 3 to 6 to provide adequate protection to the petitioner for carrying out his business/trade under the name and style of M/S Amar Singh Wine Shop, Kainth Gali, Tehsil Panchari, Udhampur in accordance with the terms and conditions contained in the Licence No. 304-JKEL-2.”

“(a) Certiorari seeking to quash Order no. 17/ARA/DCU dated 16th June, 2017 passed by Respondent No.3.

(b) Mandamus, commanding and directing the Respondent No.4 to get the order dated 26th May, 2017 passed in OWP No. 792/2017 implemented through Respondent No. 5 and 6 and report compliance before this Hon’ble Court so that the petitioner is allowed to carry out his business/trade under the name & style of M/s Thakur Bar & Restaurant, Panchari District Udhampur in accordance with the terms and conditions contained in Licence No. 135/JKEL-4 dated 1st February, 2004, granted by the Respondent No.2.”

3. The writ petitions filed by the appellants herein bearing OWP Nos. 855 and 1052 of 2017 were dismissed by the Learned Single Judge, whereas the writ petitions filed by the private respondents herein, bearing OWP Nos. 792, 811 and 993 of 2017 were allowed, by a common order. The appellants were not party to the wr