Back
RITU BAHRI, KULDEEP TIWARI
Jagdish Kumar – Appellant
Versus
Union Territory of Chandigarh – Respondent
| Table of Content |
|---|
| 1. petition for quashing liquor license cancellation and bid money forfeiture. (Para 1 , 2 , 3) |
| 2. details on bid, cancellation, and statutory appeal outcomes. (Para 4 , 5) |
| 3. arguments by the petitioner regarding local resistance and bid money. (Para 6 , 7) |
| 4. state's stance on bidding terms and responsibilities. (Para 8) |
| 5. analysis and application of excise policy clauses regarding licensing. (Para 9 , 10 , 11 , 12) |
| 6. court's dismissal of petition based on established legal principles. (Para 13 , 14 , 15) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
Petitioner-firm knocked the doors of this Court by invoking the inherent writ jurisdiction under Article 226 of the Constitution of India, seeking quashing of the order dated 26.8.2022 (Annexure P- 18), passed by respondent no. 3, vide which the allotment of retail sale foreign liquor (L-2/L-14A) license to the petitioner for Vend Code 85 at Raipur Kalan (within Lal Dora), U.T. Chandigarh, was cancelled and also the order dated 14.11.2022, (Annexure P-24) vide which its statutory appeal was dismissed by respondent No. 2. The petitioner further sought a mandamus for issuance of directions to respondent no. 2 to allow the petitioner to shi
Point of law: Granting license to such bidders, who have back-pedaled to serve their own vested interest and hidden agenda is against the public policy and contrary to statutory mandate
Failure to deposit the required security amount disqualifies a bidder from obtaining a license for three years, as per Clause (v) of Rule 74 of the Rajasthan Excise Rules, 1956.
There is no fundamental right to trade in liquor; state policies can modify licensing rights as long as they comply with statutory provisions.
Unilateral extension of a liquor license after its expiry is unlawful and violates statutory provisions and contractual obligations.
Voluntary acceptance of amended policy precludes claiming parity with other licensees and seeking relief from paying license fee based on quota of liquor lifted.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
