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2017 DIGILAW 568 (JK)

Kuldeep Raj Verma v. National Wine Shop

2017-08-08

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : PERLP No. 18/2017 1. For the reasons mentioned in the application, it is allowed and leave to file appeal against order dated 20.07.2017 is granted. Registry is directed to number the appeal. LPAOW No. 74/2017 2. Heard on the question of admission. 3. Learned counsel for the appellants submits that the appellants are the residents of Roop Nagar, Jammu and are residing adjacent to the premises in which the liquor vend in the name and style of M/S National Wine Shop is being operated by respondent Nos. 1 and 2. It is further submitted that the liquor vend has been opened in residential area and No Objection Certificate (NOC) for running the liquor vend in the said premises has not been obtained from the residents and the appellants. It is also submitted that the liquor vend is operating within 100 meters of three temples and thereby destroying the sanctity of the temples and running of the liquor vend is causing nuisance to the residents of the locality. It is also submitted that the appellants have also filed caveat of which no cognizance has taken by the learned Single Judge. 4. We have considered the submissions made by the learned counsel for the appellants and have perused the record. 5. This intra court appeal has been filed against an interim order passed by a learned Single Judge on 20.07.2017 by which operation of communication dated 03.07.2017 issued by the Additional Deputy Commissioner, Jammu was stayed. In our considered, opinion the appellants, who are residents of the locality are the necessary parties to the lis and the order has been passed without affording opportunity of hearing to them. Therefore, in the facts and circumstances of the case, we deem it appropriate to dispose of this appeal with liberty to the appellants herein to file application for their impleadment in OWP No. 1127/2017 as party respondents along with an for vacating stay. 6. We request the learned Single Judge, in case such applications are filed, the same shall be decided within a period of one week from the date of filing of such applications. Needless to state that the respondents shall be at liberty to file objections to the applications, which may be filed by the appellants. 7. With the aforesaid direction, this LPA along with connected MPs is disposed of.