Jammu & Kashmir High Court
Balbir Singh And Ors vs State And Ors on 9 December, 2021
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU
CM No. 8033/2021
CM No. 8064/2021 &
CM No. 8067/2021 in
OWP No. 486/2017
Reserved on 30.11.2021.
Pronounced on 09 .12.2021.
Balbir Singh and ors ..... Applicant/petitioner (s)
Through :- Mr.M.K. Bhardwaj, Sr. Advocate
with Mr. Gagan Kohli, Advocate.
Mr. Rahul Pant, Sr. Advocate with
Mr. Rahil Raja, Advocate
V/s
State and ors .....Respondent(s)
Through :- Mr. D.C.Raina Advocate General
with
Mr. Aseem Sawhney AAG.
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
SANJAY DHAR, 'J'
1 These applications seeking clarification of judgment dated
28.12.2020 passed in OWP No. 486/2017 and connected cases, have been filed
by the persons who are holding liquor licenses of the type JKEL-3/JKEL-4 i.e
retail vend of foreign liquor in hotel and retail vend of foreign liquor in a bar
attached to a restaurant or cinema or theater or Dak Bungalow.
2 The applicants submit that in terms of judgment and order dated
28.12.2020 passed by this Court in OWP No. 486/2017 and other connected
matters titled 'Balbir Singh and ors vs. State of J&K and ors', certain
directions and observations have been made which, if implemented in the cases
of applicants, would cause grave prejudice to the rights and interests of the
persons like the applicants herein who were neither parties to the proceedings,
nor the type of licenses which they are holding, were subject matter of the lis
before the Division Bench. The main contention of the applicants is that if the
directions and the observations made by this Court in the aforesaid judgment,
particularly those contained in paras 81, 82 and 90 (vii), are implemented in
respect of liquor licenses other than those issued in Form JKEL-2, it will cause
adverse consequences to the persons holding licenses to run bars as it would
not be practicable for them to change the location of the bars every year, in
case they are made to go through the same process at the time of renewal of
their licenses, as is required to be adhered to at the time of grant of fresh
licenses.
3 The respondent-State has filed its response to these applications in
which it is stated that a reading of the judgment in question would show that
Hotel and Bars Licensees i.e JKEL-3, JKEL-2A, JKEL-4, JKEL-4C cannot be
bracketed with retail liquor vends which are licensed as JKEL-2.
4 It is pertinent to mention here that, on an earlier occasion, when
review petitions filed on behalf of certain JKEL-2 licensees came up for
consideration, a review petition filed by the persons holding licenses in Form
JKEL-3 & JKEL-4 seeking clarification of similar nature as has been sought in
the instant applications also came up before us for consideration. All these
review petitions came to be dismissed by this Court on 06.04.2021. However,
in the said order, though it was noted that holders of Excise licenses under
Form JKEL-3 and JKEL-4 have filed review petitions, yet while passing the
final order, the discussion on these review petitions has escaped the
consideration by this Court.
5 Be that as it may, having once again gone through the judgment
and order dated 28.12.2020 passed by this Court in Balbir Singh's case (supra)
as also the record of the cases, we make it clear that the observations and
directions contained in the aforesaid judgment are confined only to the excise
licenses in Form JKEL-2 and not to any other type of licenses. This is clear
from the background in which the aforesaid judgment was delivered as is
discernible from the facts narrated therein.
Applications stand disposed of in the aforesaid terms.
(SANJAY DHAR) (TASHI RABSTAN)
JUDGE JUDGE
Jammu
09.12.2021
Sanjeev PS
Whether order is speaking:Yes
Whether order is reportable:Yes/No
