Civil Writ Petition No.14580 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14580 of 2010 Date of Decision :07th September of 2010 Hukam Singh & Others ....Petitioners Versus State of Haryana and Others ....Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Pawan Kumar Sr.Advocate with Mr. Saqib Ali Khan Advocate for the petitioners. Mr.R.D.Sharma, Deputy Advocate General, Haryana. * * * Permod Kohli, J.(Oral) The petitioners are the owners of one godown situated at Old Delhi Road, Opposite Air Force Station, Sector 17-18, Gurgaon, District Gurgaon. The said godown was leased out to respondent No.5 on 01.10.2007 on a monthly rent of Rs.24000/-. The premises was leased out for specific purpose for stocking wine and champagne etc. Respondent No.4 obtained a license in Form L-1 B-1 under the Haryana Liquor License Rules, 1970 in the name of M/s Champagne Indage Limited with its registered office at Indage House 82, Dr.Annie Besant Road, Mumbai and corporate office at 33-B, Sir Pokanwala Road, Worli, Mumbai. The license was renewed up to 31.12.2009. Respondents No.4 and 5 has stored liquor in the form of wine and champagne etc. in the premises under the aforesaid license. Even after the expiry of the license, the stocks of liquor remained lying in the premises unauthorisedly. Respondents No.4 and 5 did not turn up to lift the stocks nor vacated the premises. The petitioner thus, informed respondent No.3 to take the possession of the stocks of liquor from the premises which are lying unattended and unauthorisedly. The petitioner also served a legal notice to respondents No.4 and 5 who never responded to the notice. At the instance of the petitioner, the Civil Writ Petition No.14580 of 2010 2 Excise Department of the State of Haryana published notice in the newspaper i.e. The Times of India in its issue dated 07th May, 2010 asking the respondent No.4 to claim the liquor within 15 days. Respondent No.4 however, seems to have not reacted to the notice published by Excise Department. The petitioner having failed to persuade the Excise Department to lift the stocks in absence of respondent Nos.4 and 5, has filed this petition seeking direction in the nature of mandamus for lifting of the stocks of liquor lying in the premises of the petitioner in contravention of law. On notice, written statement has been filed on behalf of respondent Nos.1 to 3 (official respondents). I have heard the learned counsel for the parties. Mr.Sharma, appearing on behalf of official respondents has contended that the liquor stocks can only be lifted in accordance with the provisions of Rules 37(32) of Haryana Liquor License Rules, 1970 which inter-alia provide that on expiry or determination of the license, in respect of intoxicants, the licencee is required to deposit or surrender the undisposed of stocks to the collector and the collector shall transfer the stocks to the incoming licensees. In the present case, the predicament of the department is that the licensee has not turned up either to surrender the stocks of liquor or to remove the same. The petitioner has also placed on record an inspection note by the Excise Inspector namely Anil Jain, who inspected the premises on the complaint of the petitioner. The inspection report reveals that the stocks are not good for consumption, the inspector however sealed the premises with the stocks. Admittedly, the liquor has been stored in the premises without a license which is impermissible under law. The licensee is also not responding to the notices of the department. Under sub circumstance, it is obligation of the Excise Department to deal with the stocks in accordance with law. The Excise Department will issue a fresh notice in the newspaper having circulation in Mumbai which is ordinary place of business of licensee fixing the Civil Writ Petition No.14580 of 2010 3 date for licensee to present himself in the premises for surrender of the stocks. If the licensee fail to appear on the date and time fixed in the public notice, the Excise Department shall remove the stocks and prepare an inventory in presence of the petitioner or any other person from the locality as the officer of the Excise Department may deem appropriate. After preparing the inventory, the stocks shall be disposed of in accordance with law. The entire exercise be completed within a period of four months. The petition is disposed of. 7th September, 2010 (PERMOD KOHLI) Seema-II Judge