IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 737/2009 Decided on: 9.10. 2009 Vineet Kumar Aggarwal. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1 No. For the petitioner : Mr. Bimal Gupta, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General with Mr. Rajinder Dogra, Additional Advocate General. Rajiv Sharma, J. The petitioner has approached this Court seeking following main reliefs amongst others: i. “The respondents may kindly be directed to distribute the enhanced quota of Country Liquor and Indian Made Foreign Spirit for District Sirmaur by uniformly distributing the enhanced quota to each vend so that every license holder of the vend is placed at par to bear the extra financial burden on account of enhanced Minimum Guaranteed Quota; 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 ii. The respondents may further be directed to re-fix the Minimum Guaranteed Quota of Country Liquor and Indian Made Foreign Spirit of each vend of District Sirmaur, Himachal Pradesh, proportionately and thereafter to allot and renew the licenses of the interested persons for running the vends; iii. The respondents may kindly be directed to produce the entire record including the distribution of Minimum Guaranteed Quota of the vends in District Sirmaur, H.P.” Respondent No.2 had issued public notice on 27.2.2009 inviting applications for the renewal of licences. The petitioner applied for the renewal of vends and the vends in question were renewed in favour of the petitioner for the excise year 2009-2010. He has deposited the requisite amount voluntarily. The quota of country liquor/IMFL is fixed as per the conditions of the Announcements Excise Allotment/Renewal 2009-2010. The renewal of licence is government under condition No. 3.6 of Chapter-III of the Announcements. The licencee is bound to accept the minimum guaranteed quota and other levies and conditions as prescribed for the vend/unit for the year 2009-2010. A notice regarding fixation of minimum guaranteed quota for the vends concerned was displayed on the notice board by respondent No.3 on 7.3.2009. Once the petitioner has accepted the terms and conditions of the Announcements, he is precluded from wriggling out of the same. He has applied for the renewal of the licence. The licence was renewed. He is bound by the terms and conditions of the Announcements Excise Allotment/Renewal 2009-2010. A Division Bench of this Court in CWP No. 2160/2007, titled as Shri Ram Lal versus State of Himachal Pradesh and others decided on 27.12.2007 has held as under: 3 “In a case, like the present one, the parties have entered into a commercial contract with open eyes. The petitioner was well aware that the allotment would be made subject to payment of the fixed fee. It was for him to have decided whether this fee is exorbitant or not. No body forced him to take part in the allotment process. He has willingly taken part in the process. Now, he cannot turn around and say that fee is on the higher side.” Accordingly, in view of the reasons assigned hereinabove and the law laid down by this Court in Ram Lal’s case (supra), there is no merit in the petition and the same is dismissed. No costs. (Rajiv Sharma), 9.10.2009 Judge. *Awasthi*