2017 (9) TMI 1810 - HC - Indian Laws

Restoration of supplies of liquor to the petitioner - grievance of the petitioner in short is that the respondents are not permitting the petitioner to carry on the liquor business even though there is no order of cancellation of the license in existence - HELD THAT - There appears to be no order in existence cancelling the liquor shop license of the petitioner. List on 10.10.2017.

Summary

Issues:
Petitioner's license cancellation, Restoration of liquor supplies, Interference in liquor business

Analysis:
The judgment pertains to the grievance of the petitioner regarding the non-restoration of liquor supplies despite the quashing of the license cancellation order for the excise year 2017-18. The petitioner alleges that the respondents are obstructing the liquor business unlawfully in the absence of a valid cancellation order. The Court notes that the previous order cancelling the license was quashed with a directive for the authorities to issue a fresh order within six weeks. As this period has not lapsed, the respondents are awaiting the fresh order before restoring liquor supplies to the petitioner. Consequently, there is currently no valid order cancelling the petitioner's liquor shop license.

The Court, considering the circumstances, issues an interim direction to the respondents, instructing them not to interfere in the operation of the petitioner's liquor shop until the next hearing date. This direction aims to prevent any unjust obstruction in the petitioner's business activities. The respondents are also directed to file a counter affidavit by the next scheduled date for further clarification on the matter. The case is listed for the next hearing on 10.10.2017 to assess any developments and ensure compliance with the interim direction issued by the Court.

In summary, the judgment addresses the issue of non-restoration of liquor supplies to the petitioner following the quashing of the license cancellation order. The Court clarifies that there is currently no valid cancellation order in effect, and hence, the respondents are directed not to interfere in the petitioner's liquor business until further orders. The interim direction aims to maintain the status quo and uphold the petitioner's right to operate the liquor shop without unjust hindrance until a fresh order is issued by the authorities.