M/S Jubilee Beverages Ltd. v. Chandigarh Administration & Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-7616-2018 (O&M) Date of decision:- 27.03.2018 M/s Jubilee Beverages Ltd.

...Petitioner

Versus

Chandigarh Administration through its Finance Secretary-cum-Secretary, Excise & Taxation Department, Chandigarh and another.

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE AVNEESH JHINGAN Present:- Mr. Jagmohan Bansal, Advocate, for the petitioner.

Mr. Ranjit Singh Kalra, Advocate, for the caveator.

Mr. Nitin Kaushal, Advocate, for the respondents.

* * * * S.J. VAZIFDAR, C.J. (ORAL) Short reply by way of affidavit alongwith Annexures C-1 to C-12 filed on behalf of the caveator in Court today is taken on record.

2.

It appears that the official respondents would in any event have to give a show cause notice to the petitioner before closing the liquor vend. The petitioner is entitled to operate the liquor vend in any event only uptill 31.03.2018. There is nothing to indicate that the official respondents would close the liquor vend otherwise than by due process of law. Considering that only five days are left, it is hardly likely that the show cause notice would be issued and an order in respect thereof would be passed by 31.03.2018. Amodh Sharma 2018.03.27 18:54 I attest to the accuracy and integrity of this document Chandigarh

CWP-7616-2018 (O&M) 3.

It is clarified that this order does not reflect upon the petitioner's rights in any manner whatsoever. Firstly, the petitioner's right to operate the liquor vend even if legal comes to an end on 31.03.2018. Thereafter, the petitioner cannot operate the liquor vend unless a fresh license is issued. It is further clarified that this does not affect the rights and contentions of any parties in any other proceedings including in CWP-23249-2017 and the orders passed therein. Nor does it affect the responsibilities of the official respondents in any manner whatsoever. Needless to clarify that we have expressed no opinion regarding the order impugned in this writ petition in view of what is stated above.

4.

The writ petition is accordingly disposed of. (S.J. VAZIFDAR) CHIEF JUSTICE (AVNEESH JHINGAN) JUDGE 27.03.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No
Amodh Sharma 2018.03.27 18:54 I attest to the accuracy and integrity of this document Chandigarh