CWP No.6792 of 2010( O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.6792 of 2010 (O&M) Date of decision: 3.8.2010 Pawan Singh -----Petitioner Vs. State of Haryana and another ----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON’BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. D.S.Malik, Advocate for the petitioner. Mr. Ajay Gupta, Addl.A.G.Haryana for the State. Adarsh Kumar Goel,J. 1. This order will dispose of CWP Nos.6792, 7455, 7287 and 7322 of 2010 as all the petitions involve common questions of law. Facts have been taken from CWP No.6792 of 2010. 2. In CWP No.6792 of 2010, prayer is to quash impugned notice dated 11.4.2010, Annexure P.6 regarding auction of L-2 licence at Kheri Sampla, District Rohtak for the year 2010-11. 3. Case of the petitioner is that for the financial year 2009-10, he was allotted retail outlet L-2 at Kheri Sampla, District Rohtak. In the new excise policy for the year 2010-11, provision was made for renewal at the option of the licensee. Accordingly, the petitioner applied for renewal. Instead of granting renewal, the department proceeded with the auction, rejecting the claim of the petitioner, acting in violation of the policy. In identical circumstances, CWP No.5586 of 2010 was filed by Bijender Singh and in the light of proceedings 1 CWP No.6792 of 2010( O&M) therein, the department passed order dated 5.4.2010, Annexure P.8 and granted renewal to the petitioner. Case of the petitioner being identical, the department ought to have passed similar order. 4. Notice was issued and reply has been filed. Stand taken in the reply appears to be in conflict with order Annexure P.8. 5. The petitioner has filed CM No.9602 of 2010 stating that during pendency of this petition, vend has been allotted to Surinder Singh son of Shri Umed Singh on 24.4.2010. 6. In view of the fact that the petitioner relies upon an order passed by the department itself in identical case, we are of the view that the plea of the petitioner ought to be gone into by the Excise and taxation Commissioner, Haryana afresh. The said authority will give opportunity to the affected parties and pass a fresh order on merits in accordance with law within one month from the date of receipt of a copy of this order. 7. The petitions are disposed of. (Adarsh Kumar Goel) Judge August 3, 2010 (Ajay Kumar Mittal) ‘gs’ Judge 2