- (1.) This Public Interest Litigation has been filed seeking directions from the Court for reconsideration of the Excise Policy of the year 2011-12, particularly, in respect of the clause which permits sub-vending. According to the petitioners the provision permitting sub-vending has been grossly misused by the vendors as no definite criteria or policy is available for opening of sub-vends and such sub-vends have been set-up in many places including tractors, tents, pull-carts etc. etc.
(2.) At the very outset, we had inquired from the learned counsel for the petitioners as to the occupation of the petitioners and their source of livelihood to which it has been replied that they are factory workers. The said fact has cast a serious doubt as to the bona fide of the present PIL, namely, whether the petitioners have been propped up by some other interested persons.
(3.) Be that as it may, the provision of sub-vending, according to the learned Additional Advocate General who has appeared in the case, has been continued under the new policy effective from 1.4.2012. In this regard our attention is specifically drawn to the written statement filed on behalf of the respondents wherein it has been stated that sub-vending is being permitted after following the prescribed procedure. The opinion of the Gram Panchayats acting in a representative capacity is normally taken for opening of sub-vends. It is also stated that 52 Gram Panchayats have objected to the location of the vends/sub-vends and, accordingly, the same have been closed down. Insofar as "on" licences are concerned, according to the State, no sub-vending is permissible.;