JUDGEMENT
AJAY KUMAR MITTAL, J. -
(1.) CHALLENGE in this writ petition filed under Articles 226/227 of the Constitution of India is to the notification dated 24.2.2014 (Annexure
P -5) vide which the respondents have issued fresh notice for calling the
eligible candidates for fresh licence of liquor. Further, a writ of
mandamus has been sought directing the respondents to allow the
petitioner to run the liquor shop at Phagwara Excise Circle, allotted to
her in the year 2013 -14 by extending the same for further one year.
(2.) GOVERNMENT of Punjab issued excise policy (Annexure P -2) for the year 2013 -14. The petitioner participated in the auction and got Phagwara Circle at the rate of Rs. 34.33 crores vide certificate dated 19.6.2013
(Annexure P -1). In pursuance thereof, the petitioner deposited 15% as
security amount and the balance amount was to be deposited in nine equal
monthly installments starting from April to December. The petitioner got
all the sites approved from respondent No.3. As per clause 24.0, the
Government can consider the renewal of licence for the same licencee for
the year 2014 -15. Respondent No.3 vide notice dated 14.8.2013 (Annexure
P -3) directed the petitioner to shift liquor vend on highway as per the
order dated 30.7.2013 (Annexure P -4) passed by this Court in CWP No.
25777 of 2012. According to the petitioner, she had been depositing licence fee per month and had deposited till November, 2013 but the
respondents did not allow the liquor vends at Khajurla, Chechru -II,
Chacha Market, Poonam Hotel, Elite Line, Near Court -I, Near Court -II,
JCT, Kheragate, Model Town, Town Hall, Bus Stand, Santokhgarh etc.
District Jalandhar. On the one hand, the respondents were not allowing
the petitioner to open liquor vend and on the other, they were
pressurizing the petitioner to deposit the licence fee which she had been
depositing per month. The petitioner had been assured by the respondents
that her case would be considered for renewal of the licence for the year
2014 -15 as per the policy. The petitioner agreed to the request of the respondents and closed her shops in compliance with the order passed by
this Court. The respondents vide notification dated 24.2.2014 (Annexure
P -5) called applications from eligible candidates for fresh allotment of
liquor licences. The petitioner submitted a representation dated
31.1.2014 (Annexure P -6) for renewal of licence. But no action has so far been taken thereon. Hence, the present writ petition.
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.2 to take a
decision on the representation dated 31.1.2014 (Annexure P -6) 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 certified copy of the order.;
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