Tuesday, November 27

Liquor Licences worth Crores granted without Security-On default nothing to recover from defaulter licensee: HC issues notice to Haryana Govt. and erring officers of the Excise Department.


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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