CHANDIGARH HIGH COURT: On Tuesday;
in a curious matter before the DB of J. A.K. Mittal and Manjari Nehru Kaul, it came
on record that in Haryana the Liquor Licences worth Crores are granted without
Security, in such situation, when the licensee defaults in making the license
fee to the Excise Department, the Department is helpless is recovering the same
from the defaulter licensee. In fact, an old lady from Kaithal district
received a notice the Excise Department; directing her to pay the amount of
more than Rs. 65 lacs; on account of failure of the licensee to pay the license
fee. In a petition filed through her Advocate Pardeep Rapria, she challenged
the action of the department. Her Counsel Pardeep Rapria apprised the High
Court that that the Petitioner is the victim of the ‘institutionalised form
of corruption and maladministration in the Haryana Excise & Taxation
Department, perpetuated by the nexus of the officials at the helm of affairs
and liquor traders, ultimately culminating into the huge revenue loss to the
State. And, because of all this, the Petitioner is on the verge of losing roof
over her head.’, as her only house has been taken as a surety.
During the hearing the HC was
told that in response to the Petitioner’s RTI Application, the Department has
replied that “the
details of his (licensee) personal property and bank account details are not
available with Department.. he did not give any guarantee of his personal
movable and immovable properties”
Mr. Rapria argued that the concerned officials of the Excise & Taxation Department, in
collusion with the vested interests, granted liquor licence of worth almost
five Crores; without verifying and assessing the capacity of the
licensee to accept his bid and didn’t even fulfil the statutory duty of
verifying the requisite property papers of the licensee. Now, on the default of
licensee to pay the license fee, the excise and taxation department seeks to
recover the due amount from the old aged and semi-literate Petitioner, who was
trapped to stand surety for the licensee. The Petitioner has requested the HC
to take action against the erring officials; under the relevant provisions of the
Prevention of Corruption Act & IPC, for causing wrongful gain to
themselves and wrongful revenue loss to the State of Haryana and recover the
default amount from the erring officers of the excise department.
As per the Excise Policy of
the State, ‘on failure to pay instalments along with interest the vends
shall cease to be in operation… and shall be sealed by the Deputy Excise and
Taxation Commissioner (Excise)’ However, all the concerned officers at the
helm of affairs, in collusion with the licensee; by indulging in corruption and
dereliction of duty, not only allowed the liquor vends to function
continuously, but also issued more than 25 fresh permits to the defaulter
licensee.
After hearing the arguments
the HC issued notice to the Haryana Govt., the Assistant Excise & Taxation
Officer, Kaithal, a Deputy Excise & Taxation Commissioner, Excise
Inspector, Kaithal and the liquor contractor. Keeping in view the gravity and sensitivity
of the matter the HC has appointed Senior Advocate Sh. Anupam Gupta, as amicus curiae
to assist the Court. The matter has been posted for hearing on 18th December,
2018.
SEE HIGHLIGHTS OF ORIGINAL PETITION
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