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2020 (10) TMI 1057 - SC - Indian LawsVacation of interim order - vacation of stay on operation and execution of the settlement of FL 5 Shop Pithoragarh No.1 B in favour of the Appellant - HELD THAT:- There is no allegation of malafides on the part of the Government. The only ground on which the High Court interfered with the license is on the basis of the purported loss caused to the revenue. In spite of the Division Bench being informed that there is absolutely no loss to the revenue in view of the recovery proceeding initiated against Sh. Balkar Singh, the interim order was not vacated. As a consequence, the Appellant was prevented from continuing with his business in spite of paying the amount of ₹ 3 lakhs per day to the Department. Interference with a valid license granted in accordance with rules is unwarranted. The First Respondent has misled the High Court by contending that he is willing to offer a higher amount. Such an offer should not have been entertained as he did not participate in the resettlement process. If such petitions are encouraged, there will be no finality to any license or permission granted by the Government, especially when there is no complaint of any malafides, favoritism or nepotism. The Orders of High Court set aside - Appellant shall be permitted to continue with the business activity of running the foreign liquor shop forthwith, subject to compliance of the terms of resettlement - Writ Petition filed by the Petitioner being frivolous in nature is, therefore, dismissed with cost of ₹ 1,00,000/- to be paid to the Appellant within a period of four weeks from today.
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