Daljit Singh vs State Of Chhattisgarh

The petitioner was granted FL-3 license for the period from 1-4-2017 to 31-3-2018. During the concurrence of the license period, order dated 31-1-

2018 was passed by the licensing authority revoking the petitioner's license which was questioned by the petitioner before this Court in W.P.

(C)No.400/2018 (Daljit Singh v. State of Chhattisgarh and another) and this Court by order dated 1-3-2018, set aside that order and granted liberty to

the State to proceed further in accordance with law. However, the petitioner was allowed to complete his full license period up to 31-3-2018 and

thereafter, he has made an application for renewal of license, but it is the case of the petitioner that renewal of license has been kept pending and in

the meanwhile, on 27-4-2018, show cause notice Annexure P-1 has been issued with regard to the irregularity alleged to have been committed by him

for the period from 1-4-2017 to 31-3-2018 which has now been called in question in this writ petition.

Learned counsel for the petitioner would submit that the petitioner is ready and willing to contest the initiation of proceeding by filing reply except

the portion of show cause notice by which the licensing authority has stated that for the alleged irregularity committed by him from 1-4-2018 his

renewal has been withheld and notice has been issued for withholding the renewal.

Learned State counsel would submit that since the proceeding for suspension or revocation of license for the period already expired cannot be

taken, therefore, for withholding renewal such a notice has been issued as provided under Rule 8(2) of the Chhattisgarh Foreign Liquor Rules, 1996.

I have heard learned counsel for the parties.

It is not in dispute that the petitioner was allowed to complete his full license period up to 31-3-2018 despite liberty granted by this Court in its order

to proceed further against him. When the petitioner made application for renewal for the year 2018-19, that application was not considered on its own

merit in accordance with law and renewal has been withheld alleging irregularity to have been committed in the year 2017-18 and for which show

cause notice has been issued in which it has been stated as under: -

mDr ckj dk yk;lsal vof/k 31&03&2018 dks lekIr gks xbZ A vkids }kjk oâ€kZ 2018&19 ds yk;lsal uohuhdj.k ds fy, fnukad 24&03&2018 dks vkosnu

fd;k x;k] ijUrq ekuuh; mPp U;k;ky; NRrhlxxbZ gS vr% izdj.k esa iqu% fof/kd dk;Zokgh izkjaHk dh tk jgh gS A

vkidks tkjh dh xbZ ckj dh yk;lsal vof/k fnukad 31&03&2018 dks lekIr gks pqdh gSA vr% mDr vfu;ferrk ds fy, fuyacu vFkok fujLrhdj.k laHko ugha

gksus ds dkj.k vuqKfIr dk uohuhdj.k jksdk x;k gSA

vr% i= izkfIr ds lkr fnol ds vanj viuk tokc izLrqr djsa fd D;ksa u mDr vfu;ferrkvksa ds fy, vkidh vuqKfIr dk uohuhdj.k jksd fn;k tkos A le;kof/k esa

tokc@rdZ izLrqr ugha djus rFkk tokc larksâ€kizn ugha ik; tkus dh fLFkfr esa izdj.k esa ,di{kh; dk;Zokgh dh tkosxh A ftlds fy, vki Lo;a tokcnkj jgsxsa

A

The aforesaid quotation of the show cause notice would show that the petitioner's application for renewal has been withheld on the ground that no

action is permissible against the petitioner for the expired term and it appears that the licensing authority intends to withhold the renewal license of the

petitioner for 2018-19. The proceeding for alleged irregularity for the year 2017-18 and the application for renewal, both are separate proceedings,

they cannot be clubbed together. The application for renewal has to be decided independently on its own merit in accordance with law. Likewise, on

the proceeding initiated for 2017-18, still no final decision has been taken and the petitioner is at liberty to file reply and contest that proceeding.

Therefore, it is premature but the licensing authority cannot withhold the consideration of application for renewal on the ground of pendency of

proceeding for the year 2017-18, it has to be decided. Therefore, part of the impugned show cause notice holding that renewal is withheld due to

suspension or revocation of license for the year 2017-18 is not permissible. That part of show cause notice issued withholding the renewal of

application is directed to be deleted. The petitioner is at liberty to file reply to the show cause notice so issued for 2017-18 and that will be considered

and decision will be taken expeditiously and the petitioner's application for renewal, if any, pending shall be considered strictly in accordance with law

without being influenced by last two paragraphs of the show cause notice dated 27-4-2018 which has been directed to be deleted. Needless to say, the

petitioner's application for renewal and proceeding for 2017-18 shall be considered expeditiously by the competent authority.

The writ petition stands finally disposed off in the terms indicated herein-above. No order as to cost(s).