- (1.) THE order will dispose of a bunch of 77 writ petitions, mainly raising the issue of validity of allotments of liquor vends for the years 2006-07, in the State of Haryana. 63 writ petitions (category I) being CWP Nos. 5939, 7198, 5679, 5692, 5709, 5717, 5911, 5912, 6007, 6008, 6009, 6010, 6027, 6029, 6030, 6210, 6211, 6212, 6213, 6339, 6538, 6601, 6711, 6727, 6733, 6737, 6742, 6743, 6746, 6753, 6757, 6760, 6761, 6783, 6940, 6951, 6952, 6953, 6954, 6961, 6964, 6984, 7182, 6214, 6215, 6216, 6217, 6218, 6219, 6220, 6221, 6236, 6237, 6249, 6253, 6254, 6264, 6265, 6267, 6276, 6277, 6305 and 5550 of 2006 challenge allotments of liquor vends on 31.3.2006; 11 writ petitions (category II) being CWP Nos. 5660, 5784, 5661, 5662, 2663, 5698, 5700, 5707, 5767, 6041, 6088 of 2006 challenge notice dated 11.4.2006 in respect of the liquor vends allotted on 31.3.2006 and three writ petitions (category III) being CWP Nos. 4853, 6266 and 6284 of 2006 are in the nature of public interest litigation, wherein apart from challenging allotments of liquor vends, an action is sought for not prescribing maximum retail price for sale of liquor in accordance with the provisions of the Standard of Weights and Measures Act, 1976. Since common questions are involved, all the petitions are disposed of by a common order.
(2.) FACTS brought on record are that the State of Haryana announced its excise policy for the year 2006-07 for allotment of licenses, inter alia, for retail outlets of country liquor (L-14-A) and Indian Made Foreign Liquor (IMFL) - (L-2). The set of conditions and procedure have been annexed as Annexure P.1. The outer number of vends to be allotted was fixed for L-2 and L-14-A at 1600 and 2800 respectively. The Excise and Taxation Commissioner issued public notice dated 1.3.2006 inviting applications for allotment of country liquor, IMFL and other licenses. Number of vends offered for allotments were 974 and 2603 for L-2, L-14-A, respectively. Relevant extracts from the said policy are as under :- "1. All licenses, whether for wholesale or for retail sale, shall be granted subject to the provisions of the Punjab Excise Act, 1914 and the rules/Regulations/Instructions/Policies framed thereunder from time to time as applicable to the State of Haryana. The annual licence fee and annual quota, for each category, of retail outlets within the districts shall be fixed before receiving applications". 16. The area of retail outlet shall be specified. The licensee shall make his own arrangements for opening of the retail outlet. The villages in respect of which a panchayat resolution has been passed regarding closure of a retail outlet and has been accepted by the Excise and Taxation Commissioner, Haryana and conveyed separately shall not be included. 18. In case no application is received for any retail outlet/outlets of Country Liquor IMFL, the names and locations of such retail outlets, their annual license fee and annual quota shall be displayed prominently in the office of the DETC (Excise). A report of such retail outlets shall be made separately to the Excise and Taxation Commissioner on the next day of allotment. Applications for such retail outlets shall then be invited again at the time/date to be fixed by the DETC (Excise) of the district with the prior approval of Excise and Taxation Commissioner (FC) and the procedure detailed above shall be followed afresh. ...[VERNACULAR TEXT OMMITED]... 55. Licensees may be allowed to draw additional quota of either variety (i.e. Country Liquor or IMFL) upto 50% of the annual quota without payment of additional license fee, but only after the lifting of the basic annual quota and total payment of the annual license fee of the respective retail licensed outlet, at the same rate of duty of basic quota. The additional quota of more than 50% but upto 75% of the annual quota may be allowed to be lifted on payment of additional license fee of Rs. Ten per proof litre". The relevant extracts from the public notice dated 1.3.2006 are as under :- "It is notified for the information of general public that the applications for a maximum of 2800 retail sale licensed outlets of country liquor (L-14A) and 1600 retail sale licensed outlets of Indian Made Foreign Liquor (L-2) are invited in the State of Haryana for the year 2006-07 on the following terms and conditions : ...[VERNACULAR TEXT OMMITED]... 5. The allotment or the draw of lots in case of more than one eligible applicant applying for the same retail licensed outlets, the license will be granted by a draw of lots to be conducted by the committee consisting of the Deputy Commissioner, Deputy Excise and Taxation Commissioner (Excise), Deputy Excise and Taxation Commissioner (Sales Tax) and the Excise and Taxation Officer (Excise) of the respective district in the presence of the applicants who wish to be present on 17.3.2006. ...[VERNACULAR TEXT OMMITED]... 16. The applications in the prescribed proforma alongwith the fee of Rs. One lakh only, in cash or by bank draft, against proper receipt, per application, per licensed outlet, adjustable/refundable, and the supporting documents, as required, must reach the office of the Deputy Excise and Taxation Commissioners (Excise) of the respective districts, by 3.0 PM upto 11.3.2006. Detailed information regarding categorization of the licensed outlets, license fee, various levies on liquor, conditions of the licenses and number of retail sale licensed outlets locality-wise etc. can be obtained from the offices of Deputy Excise and Taxation Commissioners (Excise) of districts concerned on any working day between 9 AM to 5 PM".
(3.) AS per procedure of allotment, applications were to be received upto 11.3.2006. List of valid applications was to be displayed three days before the date of allotment, which was scheduled for 17.3.2006.;