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2025 DIGILAW 875 (SC)

Sahil Garg v. Vault Liquor Private Limited

2025-04-01

DIPANKAR DATTA, MANMOHAN

body2025
ORDER : 1. Leave granted. 2. These appeals are directed against the common interim orders dated March 26, 2025 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh on three writ petitions[CWP Nos. 8637, 8642 and 8672 of 2025]. The writ petitioners are respondents in these appeals and, having appeared on caveat, are duly represented. 3. We have heard learned Solicitor General for the appellant-administration, Dr. Singhvi and Mr. Sundaram, learned senior counsel for the appellants-allottees, and Mr. Rohatgi leading Mr. Patwalia and Mr. Bali, learned senior counsel for the writ petitioners. 4. The impugned order has proceeded to grant interim relief while directing the writ petitions to be listed on 3rd April, 2025 "at the top of the urgent list". The part of the order which has left the appellants aggrieved reads as follows: ... Insofar as the present writ claims are concerned, the parties are directed to maintain status quo in respect of the liquor vends, for the year 2025-26, till the next date of hearing." ... 5. The net result of such interim order is that implementation of allotments made under the Excise Policy 2025-2026 has been restrained and as a direct consequence thereof, 97 liquor vends which were allotted through e-auction stand frozen from 1st April, 2025, i.e., today, till at least 3rd April, 2025 for the present. 6. If indeed the High Court had found a prima facie case for grant of interim relief and the other conditions, viz. balance of convenience/inconvenience and sufferance of irreparable loss and injury, were also satisfied so as to call for grant of such relief, we would have expected the High Court to at least record some reason(s), howsoever brief, evincing application of mind to the contentions urged on behalf of the writ petitioners in support of their prayer. Unfortunately, the High Court has recorded no such satisfaction. 7. It is only on this short ground that we feel inclined to set aside that part of the impugned order of the High Court restraining implementation of allotments made under the Excise Policy 2025-2026. Ordered accordingly. 8. On 3rd April, 2025, the parties shall appear before the High Court. Unfortunately, the High Court has recorded no such satisfaction. 7. It is only on this short ground that we feel inclined to set aside that part of the impugned order of the High Court restraining implementation of allotments made under the Excise Policy 2025-2026. Ordered accordingly. 8. On 3rd April, 2025, the parties shall appear before the High Court. If the High Court finds any respondent in the writ petitions to have not been served with notice, it may pass direction for fresh notice to be issued and make it returnable within a week from date. 9. Within a period of a fortnight from date, the parties shall complete their pleadings and immediately on the following date, but subject to its convenience, the High Court may take up the writ petitions for final hearing and disposal. 10. We make it clear that at the stage of final hearing, the appellants who are the allottees shall not claim any equity in their favour and the High Court shall be free to decide the writ petition based on the merits of the rival contentions. 11. If, for any reason, the High Court is disabled to finally dispose of the writ petitions by the end of this month, it may consider the question of grant of interim relief but if any such relief is granted, the High Court must support its conclusions with cogent reasons. 12. All contentions on merit are, however, kept open for the parties to agitate before the High Court. 13. The appeals are, accordingly, disposed of on the aforesaid terms. 14. Pending application(s), if any, stand closed.