M/S Discovery Alcobev Private Limited, Hisar v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP No.25516 of 2025 Date of Decision: 02.09.2025 M/s Discovery Alcobev Private Limited .....Petitioner.

Versus

State of Haryana and others .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Mohan Jain, Senior Advocate with Ms. Divay Gupta, Advocate, Ms. Madhu Bala, Advocate, Mr. Vishal, Advocate and Ms. Apurva, Advocate for the petitioner.

Ms. Mamta Singla Talwar, DAG, Haryana for respondents No.1 to 4.

Mr. Anand Chhibbar, Senior Advocate with Mr. Vaibhav Sahni, Advocate and Mr. Inderjeet Singh, Advocate for respondent No.5.

LISA GILL, J.(Oral) 1.

Prayer in this writ petition is for quashing order dated 13.08.2025 (Annexure P-10) passed by respondent No.3 and for issuance of a direction to respondents not to interfere with lawful operation of petitioner's godown. Petitioner also seeks direction to official respondents to forthwith cancel the liquor licence granted in favour of respondent No.5

CWP No.25516 of 2025 -2through its allottee Ashish Kumar on the ground of suppression of material facts and submission of false affidavit by him. 2.

It is alleged that Ashish Kumar was convicted for commission of offence punishable under Sections 302 and 304 IPC vide judgment and order dated 24.04.1998. False affidavit dated 13.06.2025 was filed by him. Learned counsel for respondent No.5-Caveator, however, submits that allotment of licence in question is not to Ashish Kumar but to the entity Navneet Hospitality LLP, which is a limited liability partnership. Moreover, Ashish Kumar has since resigned on 14.08.2025. 3.

It is a matter of record and not denied by learned counsel for petitioner that impugned order dated 13.08.2025 is an appealable order under Section 14 of the Haryana Excise Act.

4.

Having heard learned counsel, at this stage, we do not find any ground to cause interference in this matter in exercise of jurisdiction under Article 226 of Constitution of India. Petitioner is relegated to its remedy of appeal under Section 14 of the Haryana Excise Act. 5.

Insofar as question of cancellation of licence to respondent No.5 is concerned, it has been brought to our notice that representation dated 26.08.2025 has been submitted by petitioner after filing of present writ petition.

6.

Learned counsel for State, on instructions from Mr. Ajay Sihag, DETC (Excise), Hisar, submits that said representation is under consideration of Excise and Taxation Commissioner, Haryana and shall be decided in accordance with law expeditiously.

CWP No.25516 of 2025 -37.

In the given factual matrix, it is directed that above-said representation dated 26.08.2025 submitted by petitioner be decided by the competent authority in accordance with law, by passing a speaking order, after affording due opportunity of hearing to the concerned parties. 8.

Writ petition is disposed of accordingly without expression of any opinion on the merits of the matter.

(LISA GILL) JUDGE (MEENAKSHI I. MEHTA) September 02, 2025 JUDGE Yag Dutt Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No