Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 24043 (HP)

M/S HEM PAL KALTA v. THE STATE OF HP AND OTHERS

CWP/13093/2024 · 2025-05-19

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:14476 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13093 of 2024 Decided on: 19.05.2025 M/s Hem Pal Kalta … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : M/s Rakesh Sharma and Sakshi Gautam, Advocates. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents- No.1 to 4-State. Mr. Peeyush Verma, Senior Advocate, with Mr. Ajay Sharma, Advocate, for respondent No.5. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:- “(i) Issue a writ in the nature of certiorari quashing order dated 25.09.2024 (Annexure P-1), passed by the Respondent No. 2, confirming order of Respondent No.3 dated 19.07.2024 whereby, setting up of vend by the Respondent No. 5, in the locality of petitioner in violation of provisions of Himachal Pradesh Liquor License Rules, 1986, and Excise Announcements for the years 2024-25, was held valid. Further, the order dated 02.05.2024 &19.07.2024 (Annexure P-2 & P-3 respectively) by Respondent No. 3 also be quashed in the interest of justice. (ii) Issue writ of mandamus directing the Respondent No. 3. to cancel the L-2/L-14 License of the Respondent No. 5, 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:14476 allotted to run the liquor vend at present location i.e. at Power House, NH-205, Shimla, Himachal Pradesh. (iii) Issue the directions to Respondent No.5 to indemnify the petitioner of the losses suffered on account of illegal setting up liquor vend in the locality of Petitioner.” 2. In the light of the fact that the issue relates to the Himachal Pradesh Excise Act, 2011 and Announcements for the year 2024-25, which has expired on 31.03.2023, this petition is closed as having lost its efficacy, but keeping the issues raised therein open so that in case in future any such eventuality again arises, then closure of this petition shall not come in the way of the petitioner in raising the said issues afresh. 3. The petition stands disposed of. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge May 19, 2025 (Rishi)