SUMIT GUPTA AND ORS. Vs. STATE OF HIMACHAL PRADESH AND ORS.

JUDGEMENT

(1.) THE brief facts giving rise to this writ petition are that a public notice was issued by respondents No. 2 and 3 under the aegis of respondents No. 4 inviting applications for allotment of license of Retail sale of L -14 (Country Liquor) as also L -2 Indian Made Foreign Liquor (IMFL) for the year 2015 -2016 within the State of Himachal Pradesh. Since the process of allotment was not completed within the stipulated time, therefore, the respondents vide public notice dated 26.3.2015 invited applications for the allotment of remaining licenses for the aforesaid outlets.

(2.) THE petitioners successfully participated in the draw of lots held on 30.3.2015. Petitioners No. 1 and 2 were successful allottees with respect to vends situated at Ajauli Unit bearing Unit Nos. 31, 32, 33 and 37 of District Una, whereas, petitioner No. 3 was the successful allottee of Bangana bearing Unit Nos. 46 and 48. The petitioners No. 4 and 5 on the other hand were successful allottees with respect to the Unit at Khad bearing Unit No. 14. It is not in dispute that all the petitioners being successful allottees had deposited 5% of the license fee alongwith basic fee which was duly accepted by the respondents. It is also not in dispute that the petitioners have thereafter furnished the bank guarantee(s) as also surety bond (s).

(3.) THE official respondents in the reply have sought to justify their action, by contending that there were no offers for 34 Units pertaining to District Una having license fee over 40 crores rupees and consequently no takers. After considering the viability of these Units, possibility of their allotment in combination with other units/vends was explored and public notice dated 26.3.2015 was issued by respondent No. 2 for inviting applications for the allotment of remaining licenses of the retail outlets. However, 07 units having license fee of Rs. 6,88,89,269/ - could only be allotted in the draw of lots held on 30.3.2015 and large number of units having license fee of over 33 crore rupees remained un -allotted. These 07 units/vends were not confirmed by the Excise & Taxation Commissioner (respondent No. 2) and thereafter these units were re -clubbed in the interest of revenue and new unit No. 53 was constituted and public notice dated 31.3.2015 was thereafter issued seeking fresh applications for allotment of the newly constituted unit.