Sr. No. 14 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 791/2025 Inhabitants of village Chhan Mationi …. Petitioner/Appellant(s) Through:- Mr. Sudesh Sharma, Advocate V/s UT of J&K and others …..Respondent(s) Through:- Mr. Rahul Pant Sr. Advocate with Mr. Sahil Mushtaq, Advocate Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 07.04.2025 1. By way of this writ petition, petitioner is seeking following reliefs: - i. Mandamus commanding respondent Nos. 1 to 4 not to allow the respondent No. 5 to open and operate his Liquor Retail Vend at the place where the Retail Vend at Village Chhan mationi, Tehsil Ghagwal, District Samba is operating for current financial year despite the objection of the petitioners. ii. Mandamus commanding the official respondents not to allow the respondent No. 5 to open and operate his Liquor Retail Vend at the place where the Retail Vend at Village Chhan mationi, Tehsil Ghagwal, District Samba till the respondent No. 5 submits the requisite NOCs from all the concerned departments/ institutions and the exact location of the shop where the respondent no. 5 wants to open his liquor retail vend be enquired by the competent authority. 2. In terms of the E-auction No. for JKEL- 2 (Liquor Retail Vend License) for the year 2025-26, respondent No. 5 was declared to be the highest bidder for Excise Range Samba-11, Panchayat Halqa Ghagwal WP(C) No. 791/2025 and his name is figured at S.No, 242. The petitioners have approached this Court in representative capacity against the opening of liquor retail vend at the advertised location for Excise Range Samba-11 Panchayat Halqa Ghagwal. 3. The contention of the petitioner is that the said liquor vend does not fulfill the requirements as envisaged under the J&K Excise Act and rules/notification made therein. They, as such, are against the process of issuing the temporary license to respondent No. 5 without waiting for submission of NoC as well as clearance from the competent authorities. 4. Mr. Rahul Pant, learned Senior Counsel appearing on behalf of respondent No. 5 submits that respondent No. 5 has already been granted a license in terms of the auction after being declared as the highest bidder with regard to the said location. It is also submitted that the liquor vend is operating at the same location where it was operating during the previous financial year, and the official respondents have no objection in this regard, as the same is in accordance with the Excise Policy 2025-26. 5. Learned counsel for respondent No. 5 submits that auction and allotment of liquor vends are governed vide Excise Policy 2025-26, notified vide SO 38 dated 15.02.2025. Reliance is placed on para 2.3.8 of the Excise Policy 2025-26 notified vide SO 38 dated 15.02.2025. It is submitted that para 2.3.8 provides for suitability of location for vend to be ensured by the bidder and it makes clear that no clearance of the District Magistrate will be required for the premises chosen by the WP(C) No. 791/2025 bidder if the vend was operational in the previous year. Para 2.3.8 of SO 38 dated 15.02.2025 reads as under: “2.3.8. Suitability of location for vend to be ensured by the bidder: The bidder shall make his own arrangement for a shop/premises in the specified arca (owned/leased/rented). The bidder shall ensure that the premises selected/identified by him meet the requirements of the J&K Excise Act and rules/Notifications made thereunder, including directions by Hon'ble Supreme Court of India in this regard and other competent courts) of law, if any. The bidder shall apply for clearance of the premises from the District Magistrate after being declared as H1.The regular license on the newly identified /selected premises/shop shall be issued only after getting clearance from the District Magistrate concerned. The District Magistrate shall convey the clearance or otherwise of the newly identified premises within a period of 15 days from the receipt of application from the HI bidder, in case of non-disposal of application, the premises shall be deemed to have been cleared by the District Magistrate. However, in order to ensure against any loss of revenue to the Government, due to delays in operationalization of vends, no clearance of District Magistrate shall be required for the premises chosen by the HI bidder where vends were operational in previous years. 6. The respondent No. 5 has operationalised the liquor vend in terms of allotment made in his favour pursuant to E-auction of JKEL -02 for the year 2025-26 on the same location and premises where it was WP(C) No. 791/2025 functional in the previous financial year. Therefore, the liquor vend has been opened in accordance with SO 38 dated 15.02.2025. It is also submitted that there was no objection to the liquor vends being run in the same location as has been operationalized for the previous years. 7. Learned counsel for the petitioner also submits that he has moved a representation to the Deputy Commissioner for shifting of the liquor shop. The District Magistrate is at liberty to examine the representation of the petitioner in accordance with law. 8. In view of the fact that the liquor vend has already been operationalized at the same location as in the previous year, and has been opened up in terms of the policy, no interference with the allotment at this stage is warranted. The writ petition is without any merit and is accordingly dismissed. (SINDHU SHARMA) JUDGE Jammu: 07.04.2025 Shafqat