Excelsior Correspondent
JAMMU, Sept 14: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar today dismissed the appeal filed by owner of Vishal Bar at New Plot and directed him to close down the bar within a period of two weeks. He was further directed to implement the terms and conditions of the order dated August 7, 2006 passed by Excise Commissioner and shift the bar to some other premises/ locality strictly in accordance with the terms and conditions of Excise Department.
The judgment written by Justice Muzaffar Hussain Attar for the Division Bench was delivered in a writ petition filed by 25 ladies of different age groups in which besides others Excise Commissioner was impleaded as respondent.
In the petition it was submitted that authorization to sell liquor in the restaurant at New Plot had resulted in not only inconvenience to the women folk and children of the area but also causing nuisance. The Court vide its interim order dated June 14, 2006 had directed that, in case, competent authority was seized of any representation the same may be addressed on the touchstone of the Statute.
On August 7, 2006, Excise Commissioner passed order whereby three months time was allowed to the appellant for changing location of bar. However, within the framework of norms, rules and policy, it was provided that license may subsist, but will remain non-functional till location is changed.
Excise Commissioner, after hearing both the parties, directed that M/s Vishal Bar with restaurant should immediately close the Bar and omit the word bar from the main sign board. A sign board “Bar closed” should be prominently displayed on the restaurant. The restaurant may function within usual legal framework and rules.
After hearing Advocate S K Shukla appearing for the appellant whereas Advocate G S Thakur for the respondents, Division Bench observed, “perusal of order dated August 7, 2006, which was impugned in the petition, would show that appellant sought time for shifting bar from existing location. The petitioners agreed for running of restaurant, subject to the condition that word bar would be omitted and bar closed would be prominently displayed on the sign board and all the tainted glasses would be removed”
Finding no merit in the appeal, the DB dismissed the same with the direction to the appellant to close down the bar within a period of two weeks from today. He was granted two weeks time to shift the bar to some other premises/locality strictly in accordance with the terms and conditions of the order dated August 7, 2006 passed by Excise Commissioner.
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