Serial No. 297

Supplementary List

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

{Through Virtual Mode}

CM No. 2174/2021in

WP(C) No. 739/2021

CM No. 2175/2021

Caveat No. 511/2021

Sandeep Chattoo

… Petitioner(s)

Through:

Mr Mohsin Qadri, Sr. Advocate with Mr. Tahseen,

Advocate

Versus

Union Territory of JK & Ors.

… Respondent(s)

Through:

Mr D. C. Raina, Advocate General with Mr. K. D. S.

Kotwal, Dy. AG and Mr. Sajad Ashraf, GA

CORAM:

Hon’ble Mr Justice Ali Mohammad Magrey, Judge.

(JUDGMENT)

16.04.2021

Oral

CM No.2174/2021:

01.

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.

02.

CM disposed of as above.

Page 2 of 35

CM No. 2174/2021 in

WP(C) No.739/2021;

CM Nos. 2175/2021 Caveat No. 511/2021

Caveat No.511/2021:

03.

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

04.

In the instant petition, challenge has been made to the Excise

Policy issued by respondent No. 1 vide S.O. 114 dated 31^st 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.

05.

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,

Page 3 of 35

CM No. 2174/2021 in

WP(C) No.739/2021;

CM Nos. 2175/2021 Caveat No. 511/2021

Srinagar, from 31.01.2001 for the year 2000-2001 and thereafter renewed

from time to time and valid for the year 2022-2023.

06.

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 31^st March, 2021, having its validity with effect from 1^st April,

2021 till 31^st March, 2022 with its objective as enshrined under Clause 1 of

the policy and believes it to be ultravirus 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 p