Jai Dev Kaalra & Anr vs Ut Of J&K & Ors
2026 Latest Caselaw 486 J&K

Jammu & Kashmir High Court

Jai Dev Kaalra & Anr vs Ut Of J&K & Ors on 7 February, 2026

                                                                      Serial No. 43

  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                  AT JAMMU

WP(C) No. 234/2026
CM No. 546/2026

Jai Dev Kaalra & Anr.                                .....Appellant(s)/Petitioner(s)


                         Through: Mr. Gagan Basotra, Sr. Advocate with
                                  Mr. Sachin Gupta, Advocate
                   vs
UT of J&K & Ors.                                                ..... Respondent(s)
                         Through: Ms. Chetna Manhas, Advocate vice
                                  Mrs. Monika Kohli, Sr. AAG

CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
                                     ORDER

(07.02.2026)

Through the medium of this petition, the petitioners have challenged

communication No. DMJ/Misc/2025-26/6124-28 dated 28.01.2026 made by

respondent-Additional Deputy Commissioner, Jammu to the respondent-Excise

Commissioner, J&K with regard to grant of JKEL-2 License wherein, it has been

suggested to the Excise Commissioner that keeping in mind the complaint of the

local residents and illegality of operating a commercial wine shop in a residential

area, the license be not extended to the next financial year, except keeping in view

the revenue generated, the wine shop may be allowed to operate till the end of this

financial year/auction period, and it has been prayed that this communication

along with communication No. EX/Exc/15-JKEL-2/2025-26/6322 dated

27.01.2026 from Excise Commissioner, J&K to the District Magistrate, Jammu

seeking clearance in respect of the premises for grant of JKEL-2 License at its

previous location, be quashed.

Learned senior counsel appearing for the petitioners has vehemently argued

that as per the Excise Policy in operation, there was no need to seek any such

clearance or no objection from the District Magistrate with regard to already

sanctioned and operational JKEL-2 Liquor Vend and that the impugned

communications are liable to be quashed. It has been further prayed that till the

matter is disposed of, the impugned communication be stayed so that no adverse

order is passed against the petitioners herein by the Excise Commissioner with

regard to their liquor vend.

Heard.

Issue notice. Notice waived by Ms. Chetna Manhas, Assisting Counsel

appearing vice Mrs. Monika Kohli, learned Sr. AAG on behalf of respondents.

She seeks and is granted time to file reply/objections to this petition.

Since there is no imminent threat to the closure of the petitioners' liquor

vend which has to remain in operation for the auction period till the end of this

financial year, as such, there is no requirement of indulgence by this Court at this

stage and the matter can be considered after filing of the reply/objections by the

other side.

List on 23.04.2026.

Meanwhile, respondent-Excise Commissioner is directed to consider the matter in accordance with the Excise Police in vogue.

(M A CHOWDHARY) JUDGE

Jammu 07.02.2026 Tarun/PS