- (1.) The instant petition filed under Article 226 of the Constitution seeks direction to the respondents to take action in the matter to check the sale of illicit liquor and liquor at low prices than the one fixed by the State in terms of the Excise Policy and thereby safeguards the rights of the petitioner-firm. A further prayer has also been made for issuance of directions to the respondents to ensure the closure of the licensing unit/ group/ Zone and cancellation of the Licensing unit/ Group/ Zone of the offenders, who have been selling liquor at the rates lower than the rate prescribed in the policy that too outside the areas allocated to them by intruding into the area of Moga City.
(2.) It is surprising that the petitioner-firm has asserted that he was induced by the Deputy Excise and Taxation Commissioner, Ferozepur Division as well as Assistant Excise & Taxation Commissioner, Moga to participate in the bid for allotment of liquor vend, which was invited through tender. It is claimed that the assurance was given to petitioner-firm with regard to preventing any illegal sale of liquor in that area. The tender had been submitted 04.04.2011 and the petitioner-firm was successful and his bid of Rs. 19.91 Crores had been accepted. He complied with all the requisite formalities including deposit of security amount of 15%, which amount to Rs. 2,98,65,000. Thereafter licences L-2 and L-14A were issued to the petitioner-firm. The petitioner-firm was to pay 85% of the amount in nine monthly installments. The petitioner-firm has tried to make out a case that on account of illegal sale of liquor in the area, it was unable to make adequate sale and in that regard the petitioner-firm was made various representations before the authorities.
(3.) We have heard learned counsel for the petitioner at a considerable length and are of the view that the instant petition is devoid of any merit. There is no specific allegation in the whole petition which may lead us to conclude that the sale of illegal liquor in the area of Moga is in progress unabated. The ground reality was known to the petitioner-firm when it entered the fray by becoming successful bidder for Rs. 19.91 crores. We are surprised that reckless and irresponsible allegations have been levelled against the respondents to the effect that the petitioner-firm was induced to participate in the bid for allotments of liquor vend. It appears that the petitioner-firm is trying to create a ground for grant of benefits and reduction in payment of revenue. There is nothing on the record to conclude that there is no adequate sale. The averments are absolutely vague and general in nature. We feel that no useful purpose would be served by admission of the petition. It is frivolous piece of litigation and is thus liable to be dismissed.;