2017 (8) TMI 467 - HC - Indian Laws

Grant of licence in the existing premises - sale of liquor - time within which all documents are to be produced - main grievance of the petitioners is that it is difficult for the petitioners, who have to re-locate their Restaurants, to submit applications with all the enclosures in such short time without having appropriate premises - Held that - this Court is of the view that no prejudice would be caused to the respondents, if the petitioners can be given time to produce all the relevant documents and permissions - petition allowed - decided in favor of petitioner.

Summary

Issues:
Challenge to non-consideration of representation for license extension under new rules.

Analysis:
The petitioners filed a writ petition seeking to challenge the action of the respondents in not considering their representation dated 24.05.2017 for the grant of a license in the existing premises by collecting the license fees as per the new rules till 30.09.2017. The petitioners argued that they have been operating their Restaurants and Bars since 2006 with valid permissions/licenses under the then existing Rules. The respondents issued a Bar Policy for 2017-2022, requiring online registration for grant of fresh licenses by a specified deadline. The petitioners, located within 500 meters of a highway as per Apex Court directives, requested an extension of the license period to relocate their establishments. The main contention was the short timeframe provided for registration, making compliance difficult due to the need for suitable premises. The petitioners challenged the Gazette Notification fixing the registration deadline as 29.06.2017.

The petitioners contended that the short registration deadline did not allow them sufficient time to fulfill the conditions laid down in the Rules, especially for relocating their premises. They argued that the actions of the 4th respondent in setting the deadline were illegal and arbitrary. The Advocate General representing the State submitted that applications could be filed online or in person by the specified date, with a provision for submitting required documents within a month from the deadline. The Court considered the submissions and directed that the petitioners could file their applications by 29.06.2017 and submit all relevant documents and permissions within one month from the deadline. The respondent authorities were instructed to process the applications promptly upon receipt of all necessary documents, in compliance with the law.

In conclusion, the Court disposed of the Writ Petition with the direction allowing the petitioners to file their applications within the specified time frame and submit all required documents within a month thereafter. The respondents were directed to process the applications expeditiously upon receipt of complete documentation. No costs were awarded, and any pending miscellaneous petitions related to the matter were closed.