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2023 DIGILAW 247 (UTT)

Vikas Chandra v. State of Uttarakhand

2023-03-31

ALOK KUMAR VERMA, VIPIN SANGHI

body2023
JUDGMENT : Vipin Sanghi, J. Modification Application (IA No. 02 of 2023) Issue notice. Mr. Sandeep Kothari, learned counsel, appears for the petitioner, and accepts notice. 2) This application has been filed by the respondents to seek modification of the order dated 29.03.2023. The prayer made in the application is as follows: “It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to modify the order dated 29.03.2023 directing status quo to be maintained till next date of listing i.e. 13.04.2023 to the extent permitting the respondent Department to proceed with the process of renewal of the liquor shops in the State till 31.03.2023, pursuant to the advertisement dated 24.03.2023 and further to permit the respondent Department to proceed with the allotment of the leftover liquor shops through lottery by issuing fresh advertisement granting further 06 days time and the date of auction through lottery to be 05.04.2023, otherwise the State exchequer will suffer irreparable loss and injury.” 3) The supporting affidavit filed by the respondents along with the application shows that, as many as, 345 applications for renewal of liquor shops were received and processed, and the renewal fee for renewal and excise revenue were deposited by the concerned licensee. 4) It is stated that due to passing of the order dated 29.03.2023, the renewal of the license of 345 licensees has not been finalized by the concerned District Magistrates. It is further stated, that from 01.04.2023 onwards, the operation of the 628 shops, including the 345 liquor shops, which are under renewal will be stopped, leading to loss of revenue to the State of approximately rupees 11 crores per day. 5) The particulars of the renewal applications received are as follows :- Sl. No Name of District Number of Renewal Application received Amount deposited by the existing licensee In Rs. 5) The particulars of the renewal applications received are as follows :- Sl. No Name of District Number of Renewal Application received Amount deposited by the existing licensee In Rs. 1 Pauri Garhwal 20 46,72,428/- 2 Dehradun 69 4,22,52,534/- 3 Rudraprayag 07 44,78,898/- 4 Tehri Garhwal 15 72,50,697/- 5 Uttarkashi 04 11,13,268/- 6 Haridwar 95 2,69,01,497/- 7 Chamoli 05 33,46,133/- 8 Pithoragarh 12 49,47,547/- 9 Nainital 41 1,58,23,335/- 10 Champawat 10 32,33,750/- 11 U.S. Nagar 40 68,09,404/ 12 Almora 20 64,06,186/- 13 Bageshwar 07 16,66,197/- Total 345 12,89,01,874/- 6) It is further stated in the affidavit that the grievance of the petitioner that the Monthly Guarantee Duty for foreign liquor had not been published also stands redressed, inasmuch as, the same has been published on 29.03.2023 itself. The MGD has been fixed by the excise department of the respondent State under Rule 5.3 of the Excise Policy 2023-2024, and in the case of foreign liquor, the rates of Monthly Guarantee Duty has been published as follows :- Sl. No. Ex Distillery Price (Per Bottle) MGD (Per Bottle) in Rs. 1 Upto Rs. 50.00 163 2. From Rs.50.01 to Rs.60.00 173 3. From Rs. 60.01 to Rs. 75.00 178 4. From Rs. 75.01 to Rs. 90.00 201 5. From Rs. 90.01 to Rs. 120.00 206 6. From Rs. 120.01 to Rs. 150.00 249 7. From Rs. 150.01 to Rs. 300.00 255 8. From Rs. 300.01 to Rs. 500.00 275 9. More than Rs. 500.01 300 7) Mr. Kothari submits that the respondents should disclose the shops which are proposed to be allotted through lottery, along with the minimum guarantee amount in respect of the said shops by tomorrow, since today is the last date for renewal. He submits that the interested parties should get sufficient time to be able to apply under the lottery system. 8) Mr. Rawat, on instructions, states that all the particulars with regard to the shops which would be offered under the lottery system will be published by the respondents by 11:00 A.M. tomorrow itself, i.e., on 01.04.2023. He further submits that, in case, the petitioner clears the outstanding dues, and makes an application for renewal before the close of the business hours today, his application for renewal shall also be considered along with others. He further submits that, in case, the petitioner clears the outstanding dues, and makes an application for renewal before the close of the business hours today, his application for renewal shall also be considered along with others. 9) In the light of the aforesaid, we allow this application to the extent that the respondents are permitted to renew the licenses of the 345 applicants in accordance with the Rules, who have applied for renewal. They are also permitted to proceed to hold the lottery for the remaining shops in respect whereof the Monthly Guarantee Duty for foreign liquor has also been published on 29.03.2023. However, the State shall publish the list of all such shops which are offered by way of lottery, along with the Monthly Guarantee Duty by 11:00 A.M., on 01.04.2023, and the respondents shall finalize the said lottery in a transparent manner by 05.04.2023. The application stands disposed of in the aforesaid terms. 10) In the light of the aforesaid, no further orders are called for in both the writ petitions. 11) Both the writ petitions, accordingly, stands disposed of.