HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 1224/2021

CM No. 4988/2021

CM No. 4989/2021

Pronounced on: 28^th .12.2021

Romesh Singh

…. Petitioner/Appellant(s)

Through:-

Mr. Rohit Matoo, Advocate.

Mr. Abhishek Gupta, Advocate.

V/s

U.T. of J&K and ors.

…..Respondent(s)

Through:-

Mr. K.D.S. Kotwal, Dy. AG.

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

JUDGMENT

01.

The office of Excise Commissioner, Government of J&K issued

notice for e-auction for allotment of 228 vends for off premises retail sale

of Liquor (JKEL-2 license) for the year 2021-22 in the Union Territory of

Jammu and Kashmir. The petitioner being eligible under rules submitted

his e-bid for issuance of JKEL-2 license for the location at Ward No. 10

TAC, Akhnoor, in terms of the e-notification. As per the result of the e-

auction uploaded by the respondents in their website, the petitioner was

successful, and in the preliminary result of e-auction, the petitioner was

reflected as highest bidder for a sum of Rs. 88 Lacs.

02.

The petitioner as per the requirements of the respondents

deposited 50% of the bid amount i.e., Rs. 44 Lacs with the Excise

Department on 21.04.2021 and the remaining 50% of the bid amount on

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24.04.2021. The entire bid amount of Rs. 88 Lacs was deposited and

accepted by the respondents.

03.

The Excise And Taxation Officer, City Excise Range North,

Jammu, vide his communication dated 22.04.2021, to the Office of Deputy

Commissioner, Jammu, sought issuance of the necessary clearance for the

premises, as provided in Clause 2.4.8 of S.O No. 114 dated 31.03.2021 as

the petitioner was the highest bidder. The clearance was sought so that the

case of the petitioner could be recommended to the Licensing Authority for

grant of license and operationalization of the vend w.e.f. 01.05.2021. The

Office of Deputy Commissioner, Jammu pursuant to this communication

sought the necessary report/NOC from the Senior Superintendent of Police,

Jammu as the location of the petitioner’s vend was in Akhnoor and further

a similar request was also issued to S.D.M Akhnoor.

04.

The District Magistrate, Jammu, on the basis of report/NOCs

received from Sr. Superintendent of Police, Jammu dated 05.05.2021 and

Sub-Divisional Magistrate, Akhnoor dated 01.05.2021 issued clearance

certificate of the premises for grant of JKEL-2 license in favour of the

petitioner on 05.05.2021.

05.

The petitioner thus approached the respondents for issuing

JKEL-2 license to him for operationalization of the vend. The case set up

by the petitioner is that the respondents have verbally conveyed to him that

they will not issue JKEL-2 license to him, due to his involvement in F.I.R

No. 47 of 2021 U/S 341/323/147 IPC read with Section 4/25 Arms Act

which is still under investigation in Police Station Akhnoor.

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06.

The petitioner is, thus, aggrieved of non-issuance of JKEL-2

license to him to operationalize the vend at the location at Ward No. 10

TAC, Akhnoor, as the same is illegal, arbitrary and unjust. The petitioner

after being declared the highest bidder in the auction process for the

location completed all the requisite formalities under S.O. 114 of 2021

dated 31.03.2021, he had also deposited a huge sum of Rs. 88 Lacs which

was accepted by them, the clearance certificate was also issued to him by

the District Magistrate on the same report, thus, the respondents were

required to issue JKEL-2 license to the petitioner to operationlize the same.

As per the petitioner, the respondents/Excise Department had itself initiated

the process towards seeking NOCs from the concerned District Magistrate

for the vend a