M/S Cooperative Co Ltd v. Chandigarh Administration & ORS

CWP-24032-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-24032-2017 Date of Decision: 25.10.2017 M/s Co-operative Company Ltd., Chandigarh ....Petitioner.

Versus

Chandigarh Administration and others

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AMIT RAWAL.

PRESENT: Mr. Vikram Jain, Advocate for the petitioner. AJAY KUMAR MITTAL, J.

1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the notice dated 11.10.2017 (Annexure P-3) issued by respondent No.3.

2.

The petitioner is engaged in the business of bottling and manufacturing of liquor in Union Territory, Chandigarh. Vide letter dated 13.9.2017 (Annexure P-1), the petitioner sought permission from the Excise Department, Chandigarh to export Indian Made Foreign Liquor (IMFL) to the States of Delhi, Haryana and Arunachal Pradesh. The said permission was given by respondent No.1 vide letter dated 29.9.2017 (Annexure P-2). Thereafter, vide notice dated 11.10.2017 (Annexure P-3), the permission given to the petitioner to transfer liquor to the State of Arunachal Pradesh was withdrawn. Accordingly, the petitioner sent a legal notice dated 12.10.2017 (Annexure P-4) to respondents No.2 and 3 for withdrawal of the Gurbachan Singh 2017.10.27 10:43 I attest to the accuracy and integrity of this document

CWP-24032-2017 -2notice, Annexure P-3, but no response has been received till date. Hence, the present writ petition.

3.

Learned counsel for the petitioner submitted that for the relief claimed in the writ petition, the petitioner served a legal notice dated 12.10.2017 (Annexure P-4) upon respondents No.2 and 3, but no action has so far been taken thereon.

4.

After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.1 to take a decision on the legal notice dated 12.10.2017 (Annexure P-4), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of one week from the date of receipt of the certified copy of the order. (AJAY KUMAR MITTAL) JUDGE October 25, 2017 (AMIT RAWAL) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2017.10.27 10:43 I attest to the accuracy and integrity of this document