Gurudwara Shri Singh Sabha vs The State Govt.Nct Of Delhi &Ors.
2011 Latest Caselaw 3847 Del

27$~
   *               IN THE HIGH COURT OF DELHI AT NEW DELHI

+          W.P.(C) 831/2010 & CM No.1755/2010 (for stay)

           GURUDWARA SHRI SINGH SABHA               ..... Petitioner
                      Through: Mr. H.M. Singh, Adv.

                                      Versus

           THE STATE GOVT.NCT OF DELHI &ORS.         ..... Respondents
                        Through: Mr. Ankit Sibbal & Mr. Vikrant
                                  Yadav, Advs. for R-3.
                                  Mr. B.B. Bhatia & Mr. Navjot
                                  Kumar, Advs. for R-4.
           CORAM:
           HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

                                    ORDER

% 09.08.2011

1. The writ petition has been filed seeking mandamus for shifting of the liquor vend at Shop No.5, DDA Colony, Khyala, New Delhi for the reason of the same being situated within 75 mtrs. of the petitioner Gurdwara. Notice of the petition was issued. The respondent No.2 Dy. Commissioner, Excise Department has in his counter affidavit stated that the liquor vend in question has existed since the year 1989 when there was no Gurdwara; however since now there is a Gurdwara within a distance of 75 mtrs. from the liquor vend, the liquor vend as per the policy cannot continue. It is further stated that the liquor vend being situated in a mixed land use / residential / non conforming area, the licence with respect whereto was till 31st March, 2011 only.

2. The counsel for the petitioner states that since 13 th April, 2011, the operation of the liquor vend has come to an end.

3. The respondent No.3 Delhi Tourism & Transportation Development Corporation Ltd. has also filed a counter affidavit. The counsel for the respondent No.3 states that the business at the said liquor vend has been suspended owing to the same being within a distance of 75 mtrs. of the Gurdwara; however the respondent No.3 has filed an application for review before the Commissioner of Excise and which is pending consideration.

4. The counsel for the respondent No.4 who is the owner of the shop from where the liquor vend was being run seeks time to file reply.

5. The counsel for the respondent No.3 has also stated that the respondent No.3 has mooted a proposal before the Commissioner, Excise for having the entry to the said shop from the other direction and which entry would be at a distance of 82 mtrs. from the Gurdwara.

6. The counsel for the petitioner states that the same would be immaterial. The counsel for the petitioner also states that there is a mosque and two temples also within the vicinity of the said liquor vend.

7. It is deemed expedient that the Commissioner, Excise before taking any decision on the review sought by the respondent No.3, hears the petitioner also.

8. The counsel for the respondent No.3 to place a copy of today's order before the Commissioner, Excise so that the petitioner can also be given an opportunity of hearing. The parties to appear before the Commissioner, Excise for hearing for the said purpose on 25th August, 2011 at 1100 hours and on such subsequent dates as may be necessary. The Commissioner,

Excise to consider all the aforesaid aspects. The respondent No.4 would also be entitled to participate in the hearing aforesaid.

9. The Commissioner, Excise to pass a reasoned order dealing with all the contentions raised before him.

10. The petition is disposed of with the aforesaid directions with liberty to the parties, whosoever remains aggrieved to take appropriate remedies in accordance with law.

RAJIV SAHAI ENDLAW, J AUGUST 09, 2011 'gsr'