Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (8) TMI 1109

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... utory order passed by the learned Single Judge in WP.MP. No.15435 of 2017 in WP. No.12425 of 2017 dated 07.04.2017, both Sri O. Manoher Reddy, learned counsel for the appellants-writ petitioners, and the learned Government Pleader for Prohibition and Excise would agree that the Writ Petition itself be disposed of. Facts, to the limited extent necessary, are that the petitioners were granted A-4 licenses in Nagiri Town for the period from 01.07.2015 to 30.06.2017. Out of the 15 shops, for which a notification was issued in the year 2015 for grant of licenses for a period of two years, only 9 shops were allotted and the other six shops remained undisposed. The Supreme Court, by its order in December 2016, had directed that all liquor shops, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... .06.2019 (for 27 months), and for the 9 shops, for which the earlier licensees were entitled to continue till 30.06.2017, applicants, who were found successful in the drawal of lots held on 31.03.2017, were granted A-4 licenses from 01.07.2017 till 30.06.2019. The petitioners have invoked the jurisdiction of this Court complaining that, while all the other applicants who participated in the drawal of lots on 31.03.2017, were granted A-4 retail licenses from 01.07.2017, they alone have been discriminated against; the notification dated 24.03.2017 did not specify which of the 15 shops were allotted earlier from 01.07.2015 and which were undisposed; having chosen not to identify the undisposed A-4 retail outlets, it is not open to the responde .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the six undisposed A-4 retail outlets, licenses were granted from 01.04.2017 onwards, initially upto 30.06.2019 and thereafter, pursuant to amendment of the relevant provisions, till 31.03.2019. While the submission of Sri O. Manoher Reddy, learned counsel for the appellants-writ petitioners, that the petitioners, having been found successful in the drawal of lots, should not be deprived of being granted A-4 retail outlet licenses from 01.07.2017 cannot be said to be devoid of merit, the fact remains that granting such a relief would not only mean that two of these undisposed shops were required to be kept unallotted for a period of three months from 01.04.2017 to 30.06.2019, it would also mean that the petitioners were entitled to contin .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to the public exchequer. Today Sri O. Manohar Reddy, learned counsel for the appellants-writ petitioners, on instructions, would request this Court to decide the Writ Appeal on its merits, and express the appellants-writ petitioners unwillingness to pay the license fees for the three month period from 01.04.2017 to 30.06.2017, as they did not carry on business in these two shops, during the said period. As that would amount to the petitioners retaining control over two A-4 retail outlets simultaneously, and would result in the State Government being deprived of its revenue which they would have otherwise received on granting licenses for these two shops from 01.04.2017 i.e for three months between 01.04.2017 to 30.06.2017, we see no reaso .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates