Smt Sadhna & ORS. v. The Govt Of NCT Delhi & ORS.

$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3750/2025 & CM APPL. 17467/2025 SMT SADHNA & ORS .....Petitioner Through:

Mr. Digvijay Singh and Mr. Manik Sood, Advocates versus THE GOVT OF NCT DELHI & ORS .....Respondent Through:

Ms. Vaishali Gupta, Panel Counsel for GNCTD.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 26.03.2025 1.

Heard the learned counsel for the parties.

2.

Proceedings of this petition filed under Article 226 of the Constitution have been instituted with a prayer to revoke the license issued to a Liquor Retail Vend of Indian and Imported Liquor (Wine and Beer) which was located at the premises bearing No. Plot No.2, Khasra No.16/25, Ground Floor, Main Burari Road, Swaroop Nagar, Village Libaspur, Delhi-110042. The ground taken in the writ petition challenging grant of license is that running a liquor shop at the subject premises is in violation of the Master Plan of Delhi, 2021.

3.

Our attention has been drawn by the learned counsel representing the State Government that earlier a writ petition bearing W.P.(C) 8376/2024 was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filed by Swaroop Nagar Ekta Sangathan Samiti challenging the license in respect of the same liquor vending shop. The said writ petition was finally disposed of by a Coordinate Bench of this Court by means of order dated 01.06.2024, whereby the Excise Commissioner of Delhi was directed to decide the representation/complaint dated 18.05.2024 preferred by the petitioner of the said writ petition by way of a reasoned order, in accordance with law, within two weeks.

4.

In pursuance of the said order dated 01.06.2024, a decision by the Excise Commissioner was taken which is embodied in the order dated 30.07.2024, whereby the representation made by the said writ petitioner was rejected finding that the same was not tenable for the reasons given in the said order itself.

5.

The Court by means of another order dated 31.07.2024 passed in W.P.(C) 8376/2024 granted liberty to the petitioner in the said writ petition to withdraw the application and file independent writ petition to challenge the Joint Inspection Report dated 29.07.2024 and the order dated 30.07.2024. 6.

We have been informed that no steps have been taken by the petitioner of the said writ petition to challenge the Joint Inspection Report dated 29.07.2024 as also the order dated 30.07.2024, to the best of the knowledge of the petitioner of this petition.

7.

It appears that in the earlier writ petition bearing W.P.(C) 8376/2024, ground of violation of the Master Plan was taken, however the Excise Commissioner while taking decision under the orders passed by this Court on 01.06.2024, has not delved into the said issue. 8.

In the aforesaid view of the matter, we dispose of this writ petition with liberty to the petitioners to make an application for redressal of their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

grievances to the Excise Commissioner of Delhi within ten days from today. 9.

In case any such representation is made, the same shall be considered by the Excise Commissioner who shall take an informed decision by giving reasons after consulting and calling upon reports, if any, of the Municipal Corporation of Delhi regarding the alleged violation of the Master Plan. We further provide that before taking final decision in the matter, opportunity of hearing to the licensee shall also be afforded. 10.

The writ petition stands disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J MARCH 26, 2025 yrj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.