- (1.) The petitioner has approached this court impugning the communication dated 18.6.2016 (Annexure P-10), vide which the Assistant Excise & Taxation Officer (Excise), Gurgaon directed the petitioner to shift his L-2 vend to a proper location in the rural area, for which the licence had been granted to the petitioner.
(2.) Learned counsel for the petitioner submitted that the petitioner was granted licence for location within the revenue estate of village Naharpur. As per the excise policy for the year in question, the Government or its agencies were to make efforts to provide space to the licensees for running the vends at reasonable cost. In view of that clause in the policy, the Deputy Excise & Taxation Commissioner (Excise), Gurgaon [for short, 'DETC (E)'] vide memo dated 18.3.2016 requested the Manager, Haryana State Industrial & Infrastructure Development Corporation, Manesar, Gurgaon (for short, 'HSIIDC') to provide space to the petitioner for locating his vend within the revenue limits of village Naharpur. The site was approved by HSIIDC finally vide communication dated 4.5.2016 (Annexure P-5). It was a communication from District Town Planner, HSIIDC to Senior Town Planner, HSIIDC, Gurgaon. It is not in dispute that the aforesaid letter was not communicated to the petitioner. Still he opened his liquor vend at the place mentioned in the aforesaid letter and claimed that amount mentioned in the letter was deposited by him with HSIIDC. The petitioner has not referred to any communication from the Department of Excise and Taxation approving the site where the liquor vend had been opened. The grievance is that despite the licence having been granted to the petitioner for the area in revenue estate of village Naharpur, he has been directed to shift the same to rural area.
(3.) On the other hand, learned counsel for the State submitted that present petition deserves to be dismissed on account of concealment of material facts and also misleading this court.;