Kuldeep Raj v. Ut of J and K Th Commissioner Secretary Finance Deptt and Others

ORDER

06.04.2026

¶1By this petition, petitioner herein is seeking a direction upon the respondents to grant him liquor vend (JKEL-2) license for the year 2026-27 with regard to the proposed location at Janglawar-A Phagsoo near Nallah Thathri near Chenab Auto Aids Indian Oil Petrol Pump as per the blue print and site plan submitted by him as the same is falling under the jurisdiction of Municipality/Local authority.

¶2The short controversy involved in the instant petition is that for e-auction of 305 retail liquor vends (JKEL-2) license for the year 2026-27, notice dated 10.02.2026 was issued by the respondents and petitioner being the highest bidder had deposited Rs. 39.00 lacs before the respondents for e-auction of the Excise vend located at Excise Range Doda-Kishtwar Ramban location/premises at Janglawar-A Panchayat, Phagsoo in District Doda and had also Sr. No. 04

submitted site plan/blue prints notifying the actual location of his rented shop existing in the Excise Policy, 2026. However, Respondent No. 4 issued notice dated 28.03.2026 to the petitioner observing that the blue prints submitted by him for running the liquor vend on the rented location at Janglanwar-A Panchayat Phagsoo, District Doda do not conform to the guidelines/orders issued by the Hon'ble Supreme Court/High Court from time to time with regard to the National Highways and had requested the petitioner to submit revised blue prints within 02 days strictly in accordance to the provisions of J & K Excise Act, Rules/Notifications, Excise Policy 2026-27 and guidelines/orders issued by the Hon'ble Supreme Court/High Court with regard to the National Highways.

¶3Mr. M K Bhardawaj, learned Senior counsel appearing for the petitioner, by relying upon order dated 13.10.2017 passed by this Court in OWP No. 1636/2017 titled "M/S Angel Bar Restaurant & Ors. Vs. State & Ors." and other similar petitions, whereby the writ petitions were disposed of by directing the respondents to consider the claim of the petitioners in terms of the direction passed by the Hon'ble Supreme Court in SLP (Civil) No. 10243/2017 as also in Civil Appeal No. 12164-12166 of 2016, stated that the petitioner would feel satisfied, if the instant petition is disposed of by directing the respondents to consider the claim of the petitioner within some reasonable period of time.

¶4Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, learned Sr. AAG, appearing for the respondents is not averse to the proposition made by the other side.

¶5In view of the above, the instant petition is disposed of, at the very threshold, without issuing any formal notice to the respondents, by directing them to treat the instant writ petition as representation and accord due consideration to the claim of the petitioner, strictly in accordance with law, within a period of three weeks, by passing a speaking order thereon.

(Moksha Khajuria Kazmi) Judge

JAMMU

06.04.2026 Manan Whether the order is speaking : Whether the order is reportable :

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Pronounced on : 06.04.2026 Uploaded on : 07.04.2026 Kuldeep Raj .....Applicant(s)/Petitioner(s) Through :- Mr. M K Bhardawaj, Sr. Advocate with Mr. Gagan Kohli, Advocate v/s UT of J & K & Ors. .....Respondent(s) Through :- Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE