2014 (5) TMI 569 - HC - Indian Laws

Renewel of liquor license - Creation of new shop - Held that - earlier as per the report of the Deputy Commissioner the shop was at the distance of about 400 meters and on the representation being made and in pursuance of the report of Deputy Commissioner, the Commissioner vide order 6th March 2013 has directed to shift the shop and in pursuance thereof the newly created shop has been further shifted to 150 meters. There is nothing in the rejoinder affidavit that the shop has not been shifted from the old place. Whether it has been shifted further 150 meters and now the newly created shop is beyond 500 meters or within 500 meters is a question of fact, which cannot be adjudicated in the writ jurisdiction. - Decided against assessee.

Summary

Issues:
Renewal of liquor license, Distance requirement for new liquor shop, Dispute over distance measurement, Jurisdiction of the court

Renewal of liquor license:
The petitioner had been granted a license for a foreign liquor shop which was initially for the Excise year 2011-2012 and subsequently renewed for the Excise year 2012-2013. The contention was that the license had been further renewed for the Excise year 2013-2014. However, a new shop was created in the same area, leading to a grievance by the petitioner.

Distance requirement for new liquor shop:
The petitioner contended that as per a circular dated 15th February 2002, the distance of the new shop should not be less than 500 meters. The petitioner filed a representation before the Excise Commissioner, which was rejected. The dispute arose as to whether the new shop was within or beyond 500 meters from the existing shop.

Dispute over distance measurement:
After filing an objection, a report was sought from the Deputy Excise Commissioner, stating that the newly created shop was about 400 meters away. The Commissioner directed to shift the shop to a reasonable distance. The distance between the two shops was claimed to be more than 500 meters, as required by law. However, there was a disagreement over the actual distance in the rejoinder affidavit.

Jurisdiction of the court:
The court declined to interfere, stating that the determination of whether the newly created shop was within or beyond 500 meters was a question of fact that could not be adjudicated in the writ jurisdiction. The petition was dismissed, but the petitioner was given the option to file a fresh representation with evidence to demonstrate the distance for the Commissioner to consider and decide accordingly.