The Rules, to reiterate, do not provide for any prohibition for holding the licence in form JKEL-2 in conjunction with Form JKEL-6 and, therefore, the very premise, on which the petitioner has been disqualified and his bid amount forfeited, is illegal and contrary to law: Jammu Kashmir and Ladakh High Court

The Jammu Kashmir and Ladakh High Court passed a judgement on the 17th of November, 2022 in which the petition was allowed and the impugned order was set aside. This was seen in the case of Manmohan Kour vs Ut Of Jammu And Kashmir And Others (WP(C) 1833/2022). The case was presided over by The Honourable Mr Justice Sanjeev Kumar.


The petitioner participated in the re-auction of the liquor vend in question for which the process was initiated by the respondent. The petitioner emerged as the highest bidder and completed all the formalities and obtained the no objection certificate required under J&K Liquor Licence and Sales Rules, 1984 [‘Rules of 1984’], but the license in favour of the petitioner was not issued. The petitioner approached the respondents to know the reasons and was informed that he was disqualified to hold the licence of retail vend.

Under Section 11 of the Act of 1958, no liquor or intoxicating drug can be manufactured, possessed or sold except under the authority and subject to the terms and conditions of a licence granted by the Excise Commissioner on that behalf. The Act of 1958, nowhere, provides that a person cannot hold two licences of different types together and simultaneously


The justice was of the view that the excise commissioner proceeded totally on the wrong premise and had passed an impugned order which was not sustainable by the law. the very premise, on which the petitioner has been disqualified and his bid amount forfeited, is illegal and contrary to the law. Petitioner was entitled to refund 2/3rd of the bid amount because of the period he lost due to the delay.

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