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| Much controversial draw of lots for issuance off-licenses | | HC directs petitioners to deposit fee with Registrar Judicial | | Jammu, March 22
Justice YP Nargotra ordered the petitioners of the CMPs to deposit the requisite fee with the Registrar Judicial of High Court Jammu wing within a period of three weeks from today, who in turn shall deposit it as fixed deposit with the J&K Bank initially for a period of six months.
This court order was passed in a batch of CMPs filed in the High Court in which petitioners sought directions to the respondents to accept the license fee for the financial year 2007-2008 in the same manner in which it was deposited in the Court in terms of order dated 29 March 2006.
Fifty six petitioners holding licenses for retail vending of IMFL on fixed annual license fee basis filed a petition challenging the selection of draw of lots. All the petitions were clubbed together and were disposed of by the single Judge and the process of draw of lots was held bad and contrary to Excise Act. This judgment was challenged before the Division Bench who set-aside the judgment of single judge and up held the process of draws of lots but quashed the results on the ground that there was no proper advertisement. The Division Bench judgment was assailed before the Supreme Court of India in two different SLPs.
The Excise Department identified as many as 90 different localities for the purpose of grant of off-licenses, out of these 90 localities, 36 were advertised conditionally subject to the outcome of SLPs. The petitioners on completion of procedures expecting to have a regular license issued in their favour on expiry of period of their temporary licenses, but the respondents instead of processing their cases for issuance of regular licenses, maintained complete silence and after some days there was news in the newspapers indicating that acting on the recommendations of Vigilance Commission the draw of lots had been tempered/screwed, the government in a committee took a decision to cancel all the licenses issued in pursuance of draw of lots held on August 9, 2005. While relying on the report of Vigilance commissioner, the respondents have issued notices on December 15, 2005 without supplying the material including the report of Vigilance Commissioner. The petitioners filed two separate writ petitions seeking direction to the respondents to issue regular licenses in their favour. The temporary licenses issued in favour of the petitioners are going to be expired in the month of December 2005 as such the petitioners are left with no option but to approach the High court. The High court on different dates issued different orders, Justice YP Nargotra after hearing Sr. Adv ZA Shah with Advocate Vipin Gandotra, Sr. Adv DC Raina with Adv FA Natnoo, Advocates RK Gupta, SK Shukla, Sudershan Sharma and Veenu Gupta appearing for the petitioners and Advocate General AH Naik appearing for the state respondents and AAG Mr. BS Salathia appearing for the Vigilance Commissioner, observed that in CMPs the petitioners in respective petitions, the High Court on March 29, 2006 passed some directions and pursuant to the directions that petitioners deposited the license fee for the year 2006-2007 with the Registry of the High Court Jammu wing. Now the state has filed the present CMPs praying for release of the amount of said license fee deposited before the High Court, the counsel for the non-applicant/ petitioners submit that they would have no objection to grant of prayer made by the state. In view of the submissions made, the license fee deposited with the Registrar Judicial in terms of order March 29, 2006 is directed to be released in favour of state through the Excise Commissioner along with the interest which accrue till the date of realization after proper verification and against proper receipt.
In the other batch of CMPs the petitioners sought direction to the respondents to accept the license fee for the financial year 2007-2008 in terms of court order March 29, 2006. Advocate General Mr. Ah Naik submitted that he would have no objection to grating of the prayer made by the petitioners provided it is made subject to the outcome of petitions. In view of the submissions made in these CMPs are allowed, the petitioners in these CMPs shall deposit the requisite fee with the Registrar Judicial Jammu wing within a period of three weeks. Court clarified that depositing of the fee by the petitioners shall, however, be subject to the outcome of petitions and shall not by itself create any right in favour of depositors either in law or in equity.
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