HC directs respondents to pass appropriate orders within a period of two weeks
JKUT (Jammu), September-11-2021-( JNF):- In a petition filed by 27 Bar & Restaurant Owners who are running Bars and Restaurants and have also obtained Bar licenses for sale of liquor on premises. The licenses are renewed in terms of the Jammu and Kashmir Liquor License and Sale Rules,1984 framed in terms of J&K, Excise Act, 1958, seeking direction to the respondents to expedite and finalize the process of issuance of NOC for the renewal of Bar licenses in their favour.
Justice Dhiraj Singh Thakur of Jammu & Kashmir and Ladakh High Court after hearing Sr. Adv MK Bhardwaj with Adv Ajay Vaid for the petitioners whereas Advocate General DC Raina with AAG Aseem Sawhney for the respondents, disposed of the petition with the direction to respondents to pass appropriate orders within a period of two weeks.
Justice Dhiraj Singh further directed that in case, there is any shortcoming in the documentation of any licensee, then he would be informed immediately not later than one week with a view to enable the licensees to take remedial measures. In case, the licensees apply to the District Magistrate concerned or to any concerned authority for obtaining any NOC, then appropriate orders shall be passed on such applications by District Magistrates or other authorities not later than ten days from the date of such application. Upon making up such deficiencies, the excise authorities would proceed to pass orders within two weeks thereafter.
Justice Dhiraj Singh while disposing of the petition observed that on a reading of the judgment Balbir Lal Vs State of J&K ( wherein Division Bench holds that “Trade in liquor is restricted. It can be regulated. Merely because a liquor vend has been opened at a particular place will not mean that the other development activities, which are basic in nature, in the area have to be put on hold merely because a liquor vend exists there. For renewal of any license, satisfaction of all the conditions which are required for the purpose of grant thereof are inbuilt and have to be satisfied in case, any license is to be renewed. The competent authority will be well within its right to ensure compliance thereof in case, in addition to any conditions, laid down in the Excise Policy for the year before renewal of any license, if permissible. Rule 16 of the Rules provides that no one has a right to claim renewal of the license.”), it therefore, becomes clear that the renewal of licenses cannot follow as a matter of course and therefore, all the formalities, which are otherwise required for obtaining fresh licenses may have to be followed. Counsel for the petitioners, however, states that all the formalities which are otherwise required to be completed by the petitioners have been completed and therefore, now it was for the excise authorities to make necessary recommendations in favour of the petitioners for formal renewal of licenses by the Excise Commissioner. JNF