HC rejects plea challenging excise dept's order to shift liquor vend

The Delhi High Court has rejected a man's plea against the excise department's move to direct the Delhi State Civil Supplies Corporation Ltd to shift his liquor shop from his premises here.

The department had issued the directions on the ground of safety of women and children, and traffic congestion on a main road in Brahampuri area.

Justice Vibhu Bakhru dismissed the petition last week, saying the man has no ground to challenge the excise department's order as the licence for the liquor vend was not issued in his favour, but in that of Delhi State Civil Supplies Corporations (DSCSC) Ltd.

Refusing to interfere with the department's order, the court also said the question whether the DSCSC was entitled to a licence was between the excise department and the corporation.

The man had challenged the November 12 order of the excise deputy commissioner directing the DSCSC to shift the liquor vend from the premises in Brahampuri area in northeast Delhi.

The court said the DSCSC has not objected to the order of the department and has accepted it, and the direction was issued following various alleged complaints against the liquor vend.

It noted that an inquiry was conducted by excise officials to ascertain the views of the residents and other stakeholders regarding the complaints and their demand for shifting the liquor vend from the location.

"It is stated that during the public enquiry, local residents expressed their grievances on the ground of safety of women and children as well as traffic congestion.

"They also complained that there was nuisance and open drinking around the said liquor vend. Keeping the view of the majority of the persons at the said enquiry, the department has passed the impugned order," the court said.

The court termed as "unmerited" the man's contention that he has ground to challenge the department's order since he and the DSCSC had entered into a revenue sharing arrangement, and closure of the liquor vend would affect stream of revenue.

The man had said he was aggrieved by the order because as per the agreement, he was entitled to 15 per cent of the gross profits earned by the DSCSC from the sale of liquor from the vend which was operated from his premises.

The court said, "It was also important to note that the order sought for by the petitioner would in effect not only mean that the excise department is compelled to continue the licence in favour of the DSCSC but that the DSCSC is also compelled to continue with the liquor vend. Plainly, the said cannot be accepted.