M.M.KUMAR, J. - (1.) THIS petition filed under Article 226 of the Constitution of India prays for issuance of a direction to the respondents to cancel the allotment of the liquor vend which have been located within the abadi of village Panjokhra Sahib or in the alternative to shift the same beyond 1 kilometer from the abadi of the village.
(2.) BRIEF fact of the case are that the Gram Panchayat had submitted a resolution or 3.9.2006 which was passed in its meeting held on that day. According to the resolution, the residents of the village as well as the Principal of the Government Senior Secondary School, Panjokhra Sahib have sent requests to close liquor vend located in the village or to remove the same. Earlier to that, a letter dated 18.9.2000 was also sent by the management of the Gurdwara Panjokhra Sahib which was addressed to the Deputy Commissioner, Ambala, whereby a request was made not to permit setting up of any liquor vend in that religious place. A copy of the resolution was sent to respondents which was duly received by the Deputy Excise and Taxation Commissioner (Excise) Ambala on 7.3.2007. The Sarpanch of the village Iqbal Singh also appeared before the Excise and Taxation Commissioner, Haryana as advised by his letter dated 23.2.2007. He prayed for closing the liquor vend. Despite the promise made by the Commissioner Excise and Taxation to look into the matter, no action was taken. In their reply filed on behalf of respondent Nos. 1 to 4 only technical objections have been raised challenging the locus-standi of the petitioner and pointing out that the Gram Panchayat, Gurdwara Panjokhra Sahib or the Principal of the School have not joined as petitioner. It has also been asserted that the liquor vend is not within close proximity of either the Gurdwara or the School or the inhabitants within the Lal Dora of the Village. It is submitted that the liquor vend is more than 1.2 kms away from the Gurdwara and far away from the vicinity of the village Panjokhra Sahib. In that regard, reliance has been placed on resolution passed by the Gram Panchayat where it is mentioned that the Sarpanch has informed the Panchas that there is a liquor vend on Naraingarh high way road which itself explains that the liquor vend is away from the Gurdwara and the School. The respondents have also placed reliance on the order dated 17.3.2007 passed by the Excise and Taxation Commissioner, Haryana (Annexure R1) whereby the case of the petitioner has been rejected holding that there was no case of illegal sale of liquor during the previous three years.
(3.) ON behalf of the respondent Nos. 6 and 7 the stand is similar as is taken by the respondent Nos. 1 to 5. They have, however, pointed out that this petition has emanated from the mala fide of the petitioner to file this petition because the negotiation for hiring his land for construction of wooden khokha had failed and respondent Nos. 6 and 7 got an offer from the owner of the adjoining land for setting up the liquor vend. It has also been pointed out that the petitioner has never been a Sarpanch of the Village and he is an Ex-convict who has served sentence of life imprisonment.;