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news details
HC stays re-auction of two wine shops
9/8/2022 10:43:56 PM
Early Times Report
JAMMU, Sept 8: In two different petitions filed by Iqbal Kalra and Manmohan Kour challenging the Impugned order No. 161 EC of 2022 Dated 23.08.2022 and impugned order No. 161 EC of 2022 Dated 23.08.2022 for re-auction Justice Javed Iqbal Wani of Jammu & Kashmir and Ladakh High Court after hearing Adv Yaseer Ejaz Tak, stayed the reauction of the two liquor vends situated at Panchayat Jaganoo, Tehsil and District Udhampur and Panchayat Jaganoo, Tehsil and District Udhampur.
During the course of hearing, Adv YE Tak submitted that it is pertinent to submit here that the liquor vend license (JKEL-2) is issued only for a period of one year starting from 1 April to 31st March. The person gets only Nine months to recover his dues as three months time lapses in getting the shop on rent and completing other formalities. However, in the present case since the petitioner was declared successful in re-auction bid and thereafter, fulfillment of various conditions and requirement for issuance of JKEL-2 license also took considerable time, however, when all the formalities were completed for the issuance of said license in favour of the petitioner, respondent No.2 instead of issuing the said license has passed the orders impugned without proper application of mind by misconstruing the provisions of the J&K Liquor License and Sales Rules, 1984. Therefore, order impugned deserves to be quashed.
—JNF
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