JAMMU: In the much publicized wine shops case, the Division Bench of Jammu and Kashmir High Court, comprising Justice Alok Aradhe and Justice Tashi Rabstan after considering the submissions made by counsel for the parties and Advocate General, on Thursday observed that in compliance of the directions issued by the Single Judge, the new policy will be notified on or before 31st March 2017.
Division Bench further observed that the fact remains that despite notification of the new excise policy by the State government, the process of invitation of bids for allotment of liquor vends may take time. In case the petitioners are not allowed to run the liquor vends and to pay license fee, the same would result in loss to the public exchequer and directed that the appellants shall be allowed to run their shops subject to payment of the license fee as required under the terms and conditions of the license till process of fresh tender for grant of liquor licenses is completed.
The DB further said, “Needless to state that the appellants shall also furnish undertaking before the competent authority that they shall not operate the liquor vends in case, the license is not granted to them. The appellants would also have the liberty to participate in the fresh tendering process. The aforesaid interim arrangement shall be subject to the final outcome of the writ petition”.
The Counsel for the appellants submitted that the State Government had issued an advertisement in the year 2005 in respect of various locations for setting up of liquor vends. Pursuant to which the appellants submitted their applications and were selected by draw of lots. It is further submitted that under the Jammu and Kashmir Excise Act, the license is initially granted for a period of four months to enable the licensees to complete the formalities and thereafter the same is granted for a period of one year, which is subject to renewal under Rule 30. It is further submitted that before the expiry of the period of four months, the appellants were served with show cause notices in which conclusive finding was recorded as to why the licenses granted to the appellants be not cancelled, as an error had crept in the draw of lots while carrying out the process through computer. It is further submitted that in another bunch of writ petitions, the appellants had challenged the validity of the report submitted by Vigilance Organisation. However, the Single Judge instead of deciding the validity of the show cause notices as well as the report submitted by the Vigilance Organisation has issued the direction to the State Government to frame a policy till 31st March 2017 and till the policy is framed, the appellants have been permitted to continue. It is further submitted that the appellants have right of consideration for renewal of their licenses. It is also submitted that since the appellants were granted licenses in August, 2005, therefore in view of the order passed by the Supreme Court dated 30th April 2009, their allotments would not be affected.
Advocate General has submitted that in case the interim relief as prayed for by the appellants is granted, the same would amount to rewriting of the terms and conditions of the licenses. It is further submitted that appellants were granted licenses for the period of four months from 20th August 2005 to 19th December 2005. It is also submitted that the appellants have no indefeasible right to claim continuance and by virtue of interim orders granted by the Single Judge and the appellants have continued for a period of more than eleven years. Learned Advocate General has invited attention of this Court to Rules 17, 26 and 27 of the Jammu and Kashmir Liquor License and Sale Rules, 1984. It is also submitted that new policy has been approved and it will be notified by or before 31st March 2017.