Judgment (Oral)

Ali Mohammad Magrey, J.-

CM No.2174/2021:

1. This application, for the reasons stated and grounds urged therein, is allowed. Since Court proposed to decide the writ petition at motion hearing, therefore, no requirement of making good the deficiency of annexing the requisite Court fee, stamp papers, notarization, etc.

2. CM disposed of as above.

Caveat No.511/2021:

3. With the appearance of Mr. D. C. Raina, learned Advocate General with Mr Sajad Ashraf, learned GA, appearing counsel for caveators/respondents, Caveat No.511/2021, as lodged, shall stand discharged, accordingly.

WP(C) No.739/2021; CM No. 2175/2021

4. In the instant petition, challenge has been made to the Excise Policy issued by respondent No. 1 vide S.O. 114 dated 31st March, 2021 for the year 2021-22, for e-Auction of Retail Liquor Vends to the extent of his rights qua JKEL-2 at Batwara Srinagar, within the Badami Bagh, Cantonment area, as per the Clauses prescribed in the Excise Policy 2021-22 and the Provisions of J&K Excise Act, 1958, rules framed thereunder, being arbitrary, irrational and contrary to the Act and the Liquor Rules on the grounds detailed out in the writ petition.

5. The material facts leading to filing of the instant writ petition, available from the perusal of the pleadings on record are that the petitioner on fulfilment of the requirements under the provisions of Excise Act, Rules and the policy, was granted license for auction of Retail Sale of Foreign Liquor and Indian Made Foreign, Liquor, including (Beer) for consumption in the premises and off the premises situated Near Broadway Cinema at Batawara, Srinagar, from 31.01.2001 for the year 2000-2001 and thereafter renewed from time to time and valid for the year 2022-2023.

6. Petitioner while holding the license for running the Retail Sale of Foreign Liquor and Indian Made Foreign, Liquor, including (Beer), came to know about the Excise Policy for the year 2021-22, issued in terms of S.O.114 dated 31st March, 2021, having its validity with effect from 1st April, 2021 till 31st March, 2022 with its objective as enshrined under Clause 1 of the policy and believes it to be ultra virus to the parent Act, irrational, volatile to the rights of the petitioner who claims to be facing extreme difficulties due to insignificant, irrational and total ambiguity in the Excise Policy, challenges the same on the following grounds:-

i. That the impugned policy is not in consonance with the direction/s passed by the Division Bench of this Court in case titled Balbir Singh and Ors. Vs. State of JK and Ors., the lead case being OWP No. 486/2017 and LPAOW Nos. 11/2017, 20/2017, 21/2017, 22,2017, 23/2017, 44/2017, decided on 28.12.2020, the judgment so far it relates to the petitioner as an existing licensee, leaves no scope for renewal but puts an end / unlawful determination to the already accrued rights of the petitioner qua issuance of the liquor license issued & renewed by the competent authority under the Excise Act, the provisions of the Act & the notification issued under the Act leaves no scope for respondents to come up with the impugn policy, taking away the rights of petitioner when the same was not even the purport of the judgment rendered by the Division Bench of this court, subsequently clarified in the decision rendered in bunch of Review petitions on 06.04.2021.

ii. That from the bare perusal of Clause 2.1 of the Excise Policy 2021-22, it transpires that the License for Type-C i.e. JKEL-2 shall be issued by as per the provisions of J&K Excise Act, 1958 and the Rules framed thereunder i.e. SRO 679 J&K Liquor, License and Sale Rules 1984. The very Notification dated 31st March, 2021 on the basis of which Excise Policy has been issued, it has been categorically stated that it will come into force from 1st April, 2021 and will continue to remain in force till 31st March, 2022 and as per Bid document, Clause 1.8, it has further been stated that all licenses granted under the provisi