Himachal Pradesh High Court
Smt. Saroj Kumari vs State Of Himachal Pradesh And Others on 21 November, 2019
Bench: L. Narayana Swamy, Jyotsna Rewal Dua
1
HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Review Petition No.120 of 2019
in CWP No.3196 of 2019
Decided on: November 21, 2019
.
Smt. Saroj Kumari .........Petitioner
Versus
State of Himachal Pradesh and others ............Respondents
________________________________________________________________
Coram:
Hon'ble Mr. Justice L. Narayana Swami, Chief Justice.
Hon'ble Ms. Justice Jyotsna Rewal Dua, J.
Whether approved for reporting?1 For the petitioner :
r to _______________________________________________________________ Mr. Jiya Lal Bhardwaj, Advocate.
For the respondents : Mr. Ajay Vaidya, Sr. Additional Advocate General, for respondents No.1 to 6.
Mr. Vinay Sharma, Advocate, for respondent No.7.
__________________________________________________________________ Jyotsna Rewal Dua, J. (Oral).
Petitioner is seeking review of judgment dated 13.11.2019, passed by this Court in CWP No.3196 of 2019, whereby respondent No.7 was allowed to run liquor sub-vend at Jamuli, Tehsil Jawalamukhi, District Kangra (H.P.), till 31.03.2020.
2. Review is being sought on the grounds that:-
i). Respondent No.7 had shifted his liquor sub-vend from one corner to another 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 26/11/2019 20:23:22 :::HCHP 2
corner in the same building, which factual position has not been correctly noted in the judgment;
.
ii). One Sewing Centre as well as one Anganwari Centre are running just near/adjacent to the liquor sub-vend, which aspect could not be brought to the notice of the Court during hearing of the case. Because of close proximity of Sewing Centre and Anganwari Centre, the liquor sub-vend needs to be closed/shifted;
iii). Gram Panchayat, Dareen, could pass resolution against the opening of liquor sub-vend only on 07.07.2019, as the liquor sub-vend was ordered to be opened on 12.06.2019, therefore, there was no occasion for the Gram Panchayat to pass Resolution earlier.
3. Considering all the submissions made in the writ petition by learned counsel(s) for the parties, we had allowed respondent No.7 to run the liquor sub-vend only till 31.03.2020 , with following directions:-
"5. In view of the above, we allow respondent No.7 to run liquor sub-vend at the place in question only ::: Downloaded on - 26/11/2019 20:23:22 :::HCHP 3 till 31.3.2020. Whereafter, official respondents will examine the matter afresh in accordance with resolution passed by the Gram Panchayat Dareen as well as in accordance with Section 18 of the H.P. Panchayati Raj Act and as per Excise Announcement of the State Government for the .
year 2020-21 and will take a conscious decision w.r.t. sub liquor vend at Jamuli."
4. The liquor sub-vend was allotted to respondent No.7 in Vilage Jamuli. Its shifting from one corner to another corner of same building or to another building, within area of "a Village", is not material in the facts and circumstances of the case. It is not in dispute that liquor sub-vend was to be opened in Jamuli area, where it was sanctioned under the Excise Policy of the State Government. Petitioner has not pointed out any distance parameters under the State Excise Policy required to be maintained from liquor vend to Sewing Centre/Anganwari Centre. No challenge was laid to the State Excise Policy & Excise Announcements for the year 2019-20 by the petitioner. It is for this reason, taking a holistic view of the matter, respondent No.7 was allowed to run the liquor sub-vend at the place in question but only till 31.03.2020. However, thereafter the State was directed to examine the matter afresh in accordance with resolution passed by the Gram Panchayat, Dareen, as per the Excise Announcements of the State Government for the year 2020-21.
::: Downloaded on - 26/11/2019 20:23:22 :::HCHP 4In view of the above, we find no error apparent in the judgment dated 13.11.2019, passed in CWP No.3196 of 2019. Accordingly, the review petition is dismissed, so also .
pending miscellaneous application(s), if any.
(L. Narayana Swamy)
Chief Justice
(Jyotsna Rewal Dua)
November 21, 2019 Judge
(Yashwant)
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