WPMS/1372/2021
2021 Latest Caselaw 2504 UK

  IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
          ON THE 20TH DAY OF JULY, 2021
                             BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 1363 of 2021


BETWEEN:
    Harish Chand.                                   .......Petitioner

AND:
    State of Uttarakhand & others                .....Respondents
                                 With

         Writ Petition (M/S) No. 1372 of 2021


BETWEEN:
    Krishan Chandra.                               .......Petitioner

AND:
    State of Uttarakhand & others                .....Respondents
                                 With

         Writ Petition (M/S) No. 1373 of 2021


BETWEEN:
    Prakash Chand Chaurakoti.                      .......Petitioner
    (By Mr. Sanpreet Singh Ajmani, Advocate)


AND:
    State of Uttarakhand & others                .....Respondents
    (By Mr. G.S. Negi, Additional Chief Standing Counsel for the State of
    Uttarakhand)



                             JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this common judgment. However, for the sake of brevity, facts of Writ Petition (M/S) No. 1363 of 2021 are being considered.

3. Petitioner was granted license for retail sale of Indian Made Foreign Liquor for the financial year 2020-2021. According to the petitioner, his sale was badly affected due to lockdown imposed in view of COVID-19 Pandemic, therefore, he could not deposit the amount of Minimum Monthly Guarantee duty. The District Excise Officer, Almora has issued an order on 29.05.2021, whereby Collector, Almora has been requested to recover a sum of ` 27,55,868+ recovery charges, total amounting to `30,31,455/- from the petitioner. Thus, feeling aggrieved, petitioner has approached this Court.

4. Learned counsel for the petitioner has referred to an order dated 08.06.2021 passed by a Coordinate Bench of this Court in WPMS No. 1040 of 2021 and other connected petitions. Based on the said order, learned counsel submits that under the Excise Policy, a Committee has been constituted headed by Chief Secretary, Govt. of Uttarakhand to deal with the matters, which are not provided in the Excise Rules and Policy. He, thus, submits that present writ petitions may be disposed of in terms of the aforesaid order dated 08.06.2021.

5. Mr. G.S. Negi, learned Additional Chief Standing Counsel appearing for the State also does not dispute that the facts of the present case are similar to one involved in WPMS No. 1040 of 2021.

6. Having regard to the aforesaid facts and circumstances, the writ petitions are disposed of in terms of order dated 08.06.2021 passed in WPMS No. 1040 of 2021. Petitioner(s) shall be at liberty to approach the Committee constituted under Clause 35 of the Policy, within two weeks from today. If petitioner(s) approach the Committee by making representation(s) within the stipulated time, then Committee shall look into their grievances and take appropriate decision, in accordance with law, within two months thereafter.

(MANOJ KUMAR TIWARI, J.) Navin