Simson Charak vs U.T. Of J&K And Ors
2023 Latest Caselaw 1555 j&K

                                                                          Sr.No. 246


          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
                                                         WP(C)2037/2023


Simson Charak                                              ....Petitioner(s)/Appellant(s)

                    Through :- Mr. Sumit Moza, Advocate.

V/s

U.T. of J&K and Ors.                                                  ....Respondent(s)


                    Through :-   Mr. K.D.S. Kotwal, Dy. AG.
Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                      ORDER

09.08.2023

1. Petitioner seeks mandamus against respondents to extend non-prohibition

clause for his licensed establishment which is falling under the jurisdiction of

"local authority" as per the direction of Hon'ble Supreme Court in SLP(Civil)

No. 10243/2017 read with directions passed in Civil Appeal No. 12164 -

12166/2016.

2. He further seeks mandamus against the respondents to allow him to

operationalize temporary license no. 2115/259/2023-24 at his licensed

premises at Pouni Panchayat, Tehsil Pouni, District Reasi for the purpose of

sale of liquor and thereby allowing him to operate liquor vend (JKEL-2)

license situate within the local authority without any hindrance.

3. The petitioner has placed reliance upon the order dated 10.05.2023 passed by

this Court in WP(C) No. 1205/2023 titled "Nitin Gupta Vs. U.T. of J&K and

Others." Petitioner claims to be similarly situated and seeks parity.

4. Issue notice to the respondents. Mr. K.D.S Kotwal, learned Dy. AG waives

notice on behalf of the respondents.

2|P a g e WP(C) No. 2037/2023

5. With the consent of learned counsels for the parties, the present petition is

disposed of with a direction to the respondents to consider the claim of the

petitioner for operating his liquor vend situated in the local authority in terms

of averments made in the writ petition, annexures appended thereto and

having regard to judgment passed by the Hon'ble Supreme Court in the case

of Arrive Safe Society of Chandigarh Vs. Union Territory of Chandigarh

and another in SLP (Civil) No. 10243 of 2017 decided on 11.07.2017 read

with Civil Appeal Nos. 12164-12166. Respondents shall consider the claim of

the petitioner within a period of four weeks from the date copy of this order is

made available to them.

6. Disposed of, accordingly.

(MOKSHA KHAJURIA KAZMI) JUDGE

Jammu:

09.08.2023 Mihul