Nitin Gupta vs U.T Of J&K And Others
2023 Latest Caselaw 908 j&K

                                                                  Sr.No. 106

HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
                                                              WP (C) No. 1205/2023
                                                                CM No. 2816/2023


Nitin Gupta                                            ....Petitioner(s)/Appellant(s)

                      Through :- Mr. Sumit Moza, Advocate.

                    V/s

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


                    Through :-   Mr. K.D.S. Kotwal, Dy. AG.
Coram: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

                                    ORDER

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 issue sale Permit in

his favor in order to operationalize temporary license no. 2097/284/2023-24 at

his licensed premises at Ghagwal, District Samba 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 order dated 13.10.2017 passed by

this Court in OWP No. 1636/2017 titled "M/s Angel Bar and Restaurants and

others Vs. State of J&K and others" . Petitioner claims to be similarly situated

and seeks parity.

Issue notice to the respondents.

Mr. K.D.S. Kotwal, learned Dy. AG waives notice on behalf of the

respondents.

4. 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 situate 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.

Disposed of.

(Rajesh Sekhri) Judge

Jammu:

10.05.2023 Renu