WPMB/12/2023
2023 Latest Caselaw 897 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                                          AND

                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                 WRIT PETITION (M/B) NO. 12 OF 2023

                               01ST APRIL, 2023

BETWEEN:
Mohan Singh Bisht                                                  .....Petitioner.
And

State of Uttarakhand & others                                      ....Respondents.

Counsel for the Petitioner : Mr. Siddhartha Singh and Mr. Kshitij Sah, learned counsels.

Counsel for the State : Mr. Pradeep Joshi, learned Additional Chief Standing Counsel with Ms. Puja Banga, learned Brief Holder.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner has preferred the present writ

petition to seek the following reliefs:-

"(i) Issue orders, directions, writ in the nature of certiorari quashing the sub clause (c) (g) of Clause 3 (3.1) of the Excise Policy 2023 being irrational, arbitrary.

(ii) Issue orders, directions, writ in nature of mandamus directing the respondent no.3 to consider the renewal option of the petitioner in light of Excise Policy 2023.

(iii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case as also in the interest of justice.

(iv) Allow the writ with costs".

2. The aforesaid clauses, in effect, provide that the

existing licensees should clear their arrears, so as to seek

renewal of their licenses.

3. The submission of Mr. Singh is that the default in

payment of license fee to the tune of Rs.5.00 crores, occurred

on account of COVID-19 pandemic.

4. We cannot accept this submission that the default

occurred on account of COVID-19 pandemic. We find that it

has now become fashionable to take cover of COVID-19

pandemic to every default, particularly financial defaults. In

our view, the said clause has a laudable purpose, which is to

ensure that the licensees follow the financial discipline and

fulfill their financial obligations. The respondents cannot be

compelled to deal with a party who has a past history of

financial default.

5. Mr. Singh further submits that the petitioner is

willing to furnish security for the outstanding dues, and would

pay the same once the license is renewed.

6. We cannot accept this submission. That would be

like putting the cart before the horse.

7. We are, therefore, not inclined to entertain this

petition, as there is no merit in the same. The writ petition is

accordingly dismissed.

8 Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 01st April, 2023 NISHANT