Through Sh. Arun Kumar vs Of on 6 July, 2026

    0
    4
    ADVERTISEMENT

    Himachal Pradesh High Court

    Through Sh. Arun Kumar vs Of on 6 July, 2026

    Author: Vivek Singh Thakur

    Bench: Vivek Singh Thakur

                                                                              ( 2026:HHC:26633 )
    
                IN THE HIGH COURT OF HIMACHAL PRADESH
                               AT SHIMLA
                                          CWP No: 9721 of 2023
                                Alongwith CWP No: 115 of 2024
                                       Reserved on: 07.04.2026
                                   Pronounced on: 06.07.2026.
    
    
    
    
                                                                               .
         _______________________________________________________
    
    
    
    
    
             CWP No: 9721 of 2023
         1. M/s Kanda Wine
            Through Sh. Arun Kumar
    
    
    
    
    
                                                                                ...Petitioner
                                                   Versus
               State of Himachal Pradesh & Others
    
    
    
    
                                                   of
                                                ...Respondents
         ________________________________________________________
                                   AND
               CWP No: 115 of 2024
                       rt
         2. Sanjeev Kumar & Others
                                                                             ....Petitioners
    
                                                    Versus
             State of Himachal Pradesh & Others
                                                                              ...Respondents
         Coram:
    
    
    
         Hon'ble Mr. Justice Vivek Singh Thakur, Judge
    

    Hon’ble Mr. Justice Ranjan Sharma, Judge
    1Whether approved for reporting ? Yes.

    For the petitioner: Mr. H.S. Rana and Mr.
    Amrinder Singh Advocates in

    SPONSORED

    CWP No. 9721 of 2023.

    For the respondents: Mr. Anup Rattan, Advocate

    General with Mr. Sushant
    Keprate, Additional Advocate
    General, for the Respondents
    1 to 4-State.

    Respondent No 5 deleted vide
    order dated 09.07.2025.

    Mr. Subhash Sharma, Senior
    Counsel alongwith Mr. Prantap
    Sharma, Advocate for the

    1
    Whether reporters of Local Papers may be allowed to see the judgment?

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

                                             -2-                   ( 2026:HHC:26633 )
    
                                           Respondents 6 to 9 in CWP No
                                           9721 of 2021.
                                           AND
    
                                           Mr. Subhash Sharma, Senior
    

    Counsel alongwith Mr. Prantap

    .

    Sharma, Advocate for the

    Petitioners in CWP No: 115 of
    2024
    Mr. Anup Rattan, Advocate

    General with Mr. Sushant
    Keprate, Additional Advocate
    General, for the Respondents
    1 to 4-State.

    of
    Mr. H.S. Rana and Mr.
    Amrinder Singh Advocates for
    Respondent No 5 in CWP No
    rt 115 of 2024.

    Ranjan Sharma, Judge

    M/s Kanda Wine, through its partner

    has come before this Court in CWP No 9721

    of 2023, assailing the orders dated 22.11.2023

    [Annexure P-1], passed by the Respondent No 1

    -Financial Commissioner (Excise) as an Appellate

    Authority, exercising powers under Section 68 (2)

    of the Himachal Pradesh Excise Act 2011 and

    the order dated 18.11.2023 [Annexure P-2], passed

    by the Respondent No 3-Collector (Excise)-cum-

    Joint Commissioner of State Taxes and Excise

    (North Zone) Palampur (HP), cancelling the liquor

    license of the petitioner by exercising the powers

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    -3- ( 2026:HHC:26633 )

    vested under Section 29 of the Himachal Pradesh

    Excise Act 2011, on account of non-remission of

    license fee for the period in question; and the

    .

    connected CWP No. 115 of 2024 has been filed

    by Mr. Sanjeev Kumar and three others assailing

    final notice issued on 30.11.2013, [Annexure P-1],

    by Respondent no 4-Deputy Commissioner State

    of
    Taxes and Excise Una directing them to deposit

    the license fee and the penalty amounting to
    rt
    Rs 2,80,60,881/- failing which, said amount was

    liable to be recovered as arrears of land revenue

    from them.

    FACTUAL MATRIX IN CWP No 9721 OF 2023:

    2. In CWP No 9721 of 2023, M/s Kanda

    Wine, being a partnership firm, has filed the

    instant writ petition, through its partner Shri

    Arun Kumar against the State of Himachal Pradesh

    and others, seeking the following relief(s):

    (i). The impugned orders dated 22.11.2023,
    18.11.2023 & order of freezing Accounts if
    any passed by respondents may kindly be
    quashed and set aside and the Petitioner
    may kindly be permitted to operate his vends
    as per license granted to him with respect

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    -4- ( 2026:HHC:26633 )

    to RETAIL LICENSEE, L-2/L-14/L-14S,
    UNIT NO. 03, SANTOSHGARH in District Una,
    HP which consists of Nine liquor vends i.e.
    L-14 Ajouli, L-2 Santoshgarh, L-14 Udaypur
    near Tubewell, L-14 Pekhubela, L-14 Sanoli,

    .

    L-14 Mazara, L- 14 Santoshgarh Border, L-2

    Santoshgarh Border, L-14 Santoshgarh, and
    one sub vend Sanoli Border and justice be

    done.

    (ii). That the reauction fixed on 23.11.2023 may

    of
    be quashed and set aside and License
    given to Respondent No 5 on lower bid may
    kindly quashed and set aside in the interest
    rt to justice and fair play.

    (iii). That the condition no 2.42 of Annual Excise

    Act 2023-24 (Annexure P-4) may be quashed
    and set aside being totally arbitrary and
    unconstitutional and against the principle of

    natural justice.

    (iv). That direction may be given to Respondent
    No.1 to initiate inquiry against the Respondent

    No.3 concerned Authority who has with

    malafide intention has illegally freezed the
    accounts of petitioner day before hearing
    and before the date on which the pending

    amount is to be deposited as per notice
    dated 17.11.2023.

    (v). That the direction may kindly be issued
    to respondents to submit report before the
    Hon’ble Court against how many defaulter
    Licensee the similar action of cancellation

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    -5- ( 2026:HHC:26633 )

    as per Rule 2.42 has been taken by the
    Respondents.

    (vi). That the Petitioner may kindly be allowed
    to continue as per license dated 31.03.2023
    and the losses incurred due to illegal action

    .

    of the Respondents no 3 & 4 may kindly
    be ordered to be adjusted in the License
    fees of the Petitioner.

    (vii). That the recovery if any should be made
    from the concerned authority who with malafide

    of
    intention targeted the Petitioner and in illegal
    manner cancelled the license of Petitioner.

    2(i). rt Case as set-up by Learned Counsel is

    that the petitioner-firm, M/s Kanda Wine, has

    been carrying on business of liquor for the past

    six years. It is averred that on 18.03.2023, his

    firm M/s Kanda Wine, was allotted a liquor

    retail license for the year 2023-24 of L-2/L-14

    /L-14-S in Unit No 3-Santoshgarh in District

    Una, consisting of nine liquor vends and one

    sub-vend for an amount of Rs Nine Crores and

    Twenty Lakhs [i.e. Rs 9,20,00000]. It is averred

    that though petitioner was regular in remitting

    license fee till June 2023 but from July 2023

    his business was adversely affected in view of

    natural calamity struck the state and the fact

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    -6- ( 2026:HHC:26633 )

    that in bordering area of Punjab, the liquor was

    sold at lower rates and due to this, petitioner

    could not deposit-remit the license fee to State

    .

    Authorities and for non-remission of license fee,

    the Respondent no 4-Deputy Commissioner State

    Taxes and Excise Una forwarded a communication

    to the Respondent No 3-Zonal Incharge-Collector-

    of
    cum-Joint Commissioner of State Taxes and Excise

    (North Zone) Palampur, who in turn passed an

    order on
    rt 18.11.2023 [Annexure P-2], cancelling

    the liquor license of the petitioner by invoking

    Section 29 of Himachal Pradesh Excise Act 2011

    and Condition No 2.42 of Excise Announcements

    for the year 2023-2024.

    2(ii). Feeling aggrieved against the order of

    cancelling the license on 18.11.2023 [Annexure P-2],

    petitioner filed an appeal under Section 68 (2)

    of the Himachal Pradesh Excise Act 2011 before

    the Appellate Authority-cum-Financial Commissioner

    (Excise) vide Appeal No 8 of 2023 and the same

    was dismissed on 22.11.2023 [Annexure P-1].

    
                       It    is   in   this    backdrop,           the      petitioner
    
    
    
    
                                                    ::: Downloaded on - 06/07/2026 20:35:05 :::CIS
                                            -7-                    ( 2026:HHC:26633 )
    
         has   assailed     the        order     passed        by     Respondent
    
    

    No 3-Collector (Excise)-cum-Joint Commissioner of

    State Taxes and Excise on 18.11.2023 [Annexure

    .

    P-2] cancelling the license of the petitioner ; and

    the order passed by the Respondent No 1-cum-

    Appellate Authority on 22.11.2023 [Annexure P-1]

    dismissing the appeal; and the action of State

    of
    Authorities in reauctioning the liquor unit(s) to

    the Respondent No 5 by a backdoor procedure

    on the
    rt
    basis of the fake documents submitted

    by the aforesaid respondent; and the action of

    the Authorities in freezing his bank account

    on 17.11.2023 was illegal; and has laid a

    challenge to the Condition No 2.42 of Annual

    Excise Announcements 2023-24 [Annexure P-4]

    to violative of the principles of natural justice,

    arbitrary and unconstitutional; with the prayer

    to quash the Impugned Orders and for restoring

    his liquor license granted on 31.03.2023 and to

    allow the petitioner to continue his business in

    terms of the said license.

    3. In Reply to CWP No 9721 of 2023,

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    -8- ( 2026:HHC:26633 )

    State Authorities have filed Reply-Affidavit dated

    11.03.2024 of Commissioner State Taxes and

    Excise Himachal Pradesh.

    .

    3(i). Perusal of the Reply-Affidavit states that

    present petition is not maintainable and neither

    any fundamental right nor any legal right of

    the petitioner has been violated. It is averred

    of
    that petitioner was bound to comply with the

    conditions of license but since the petitioner has
    rt
    failed to remit the license fee as per the terms

    and conditions of license, therefore, the license

    was cancelled in-accordance with law and once

    petitioner had participated in an auction with

    open eyes and was awarded the contract /tender

    then, petitioner cannot turn around and resile

    from the terms and conditions which were accepted

    with open eyes.

    3(ii). Reply states that as per the Condition

    No 2.42 of Excise Announcements for the year

    2023-2024, the license fee was to be remitted

    in 12 installments by 15 th of March of financial

    year and license fee payable for particular month

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    -9- ( 2026:HHC:26633 )

    was to be deposited in government treasury

    by 7 th day of subsequent month and in case,

    monthly license fee was not deposited by 7 th

    .

    day of subsequent month, then, the District

    In-charge was bound to forward a report to

    Zonal In-charge within three days and in case,

    the licensee still failed to deposit the license

    of
    fee thereafter, the Zonal In-charge was to take

    steps for cancelling the license of the liquor vend
    rt
    /unit within three days positively.

    3(iii). Reply-Affidavit states that the petitioner

    applied for license for retail sale and based

    on said license, Unit No-III for Santoshgarh in

    District Una was allotted to the petitioner on

    18.3.2023 for an amount of Rs 9,20,00000/-.

    Reply states that due to natural calamity which

    struck the State and considering this situation

    and after due approval of state government, the

    Respondent no 2-Commissioner of State Tax and

    Excise issued a communication on 26.09.2023

    [Annexure R-2, not on record but not denied

    by petitioner in rejoinder also], that license-fee

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 10 – ( 2026:HHC:26633 )

    payable in August 2023 should be deposited before

    07.10.2023 and license fee payable in September

    2023 should be deposited by 07.11.2023 and the

    .

    license fee for the subsequent months of October

    2023 and thereafter was payable in accordance

    with annual excise announcements.

    3(iv). Reply states that the State Authorities

    of
    afforded adequate opportunity to the petitioner

    for depositing the pending license fee and he

    was
    rt
    heard by Respondent No.3 on 09.11.2023,

    10.11.2023, 15.11.2023, 16.11.2023 and 18.11.2023

    but for non-deposit of license fee, the Respondent

    No 3-Collector (Excise)-cum-Joint Commissioner

    of State Taxes and Excise Palampur passed an

    order on 18.11.2023 [Annexure P-2] cancelling

    the liquor license of the petitioner.

    Reply-Affidavit states that even during

    the appeal, the Respondent No 1-cum-Appellate

    Authority (Excise) gave an opportunity to the

    petitioner on 21.11.2023 and on 22.11.2023,

    for depositing the license fee but for non-deposit

    of license-fee, the appeal filed under Section 68

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 11 – ( 2026:HHC:26633 )

    (2) was dismissed on 22.11.2023.

    So far as, the freezing of accounts is

    concerned, it was averred that the bank account

    .

    of the petitioner (Arun Kumar) was freezed to

    secure State excise revenue. Reply indicates that

    after cancellation of license of the petitioner, the

    cancelled unit(s) were re-allotted to the Respondent

    of
    No 5 in accordance with Condition no 3.26 of

    Excise Announcements 2023-24 in a transparent
    rt
    manner. Reply further states that Condition No

    2.24 and 2.42 of Annual Excise Announcements

    for the year 2023-2024, Annexure R-1, are in

    conformity with the Excise Act, the Rules and the

    law.

    In this background, the State Authorities

    have opposed the claim with the prayer to dismiss

    the writ petition.

    4. In rejoinder, the petitioner has reiterated

    the averments made in the writ petition.

    
         4(i).        During       the   pendency           of     present          writ
    
         petition,    an   application       i.e.      CMP        No      3630         of
    
         2024,       was   filed    by   one       Shri       Sanjeev          Kumar
    
    
    
    
                                                  ::: Downloaded on - 06/07/2026 20:35:05 :::CIS
                                            - 12 -                   ( 2026:HHC:26633 )
    
         and     three       others     seeking            impleadment                and
    
    

    this application was allowed by this Court vide

    order dated 26.03.2025 and accordingly, the

    .

    aforesaid applicants were impleaded as party-

    Respondents No 6 to 9 in present proceedings.

    These newly added Respondnets 6 to 9 filed

    Reply-Affidavit dated 27.05.2025, [at page 202 of

    of
    paper book], with the stand that the petitioner

    namely Shri Arun Kumar was allotted license
    rt
    on 18.03.2023, but without mentioning about the

    partnership deed and since these respondents

    were nowhere reflected as partners in the license

    therefore, no liability could have been fastened

    on them by the State Authorities-Respondents,

    by calling upon by way of a final notice issued

    on 30.11.2023 [Annexure R-6/1] to deposit the

    amount of Rs 2,80,60,881/- as mentioned in said

    notice. It is further averred that mere freezing

    of individual bank account of Shri Arun Kumar

    [alleged partner] cannot form basis to implicate

    and cast the liability on Replying Respondents

    were not partners of the alleged firm, as stated

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 13 – ( 2026:HHC:26633 )

    in Paras 11 and 17 (a) to (i) of Reply Affidavit

    and the averments made in the counter writ

    petition i.e. CWP No 115 of 2024, titled as

    .

    Sanjeev Kumar and others versus State of HP

    and others, with the prayer to dismiss the writ

    petition and to quash the final notice issued

    on 30.11.2023 [Annexure R-6/1] which is subject

    of
    matter of CWP No 115 of 2024.

    4(ii). During the pendency of the instant writ
    rt
    petition, vide orders dated 18.06.2025, the name

    of Respondent No 5 [Gitanjali Dewedi] was deleted

    from the array of respondents in the instant

    case.

    FACTUAL MATRIX IN CWP No 115 of 2024:

    5. In CWP No 115 of 2024, the petitioners

    Sanjeev Kumar and three others [being Respondents

    6 to 9 in the connected CWP No 9721 of 2023] have

    come up before this Court seeking the following

    reliefs:

    (i). As writ in the nature of certiorari may
    kindly be issued quashing and setting
    aside the final notice dated 30.11.2023,
    Annexure P-1.

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 14 – ( 2026:HHC:26633 )

    (ii). That a writ in the nature of mandamus
    may kindly be issued to the respondent
    State for ascertaining the conscious
    lapses and illegalities committed by various
    official respondents in wrongly framing

    .

    the petitioners as partners in M/s Kanda

    Wine and also to take suitable action
    against the erring officials, also with the

    private respondent.”

    5(i). Case as set-up by Learned Senior Counsel

    of
    is that the Respondent No 4-Deputy Commissioner

    State Taxes and Excise, Una, had issued a final
    rt
    notice on 30.11.2023 [Annexure P-1] pointing out

    a huge liability of license fee and penalty of Rs

    2,80,60,881/- on the petitioners who were alleged

    to be partners of M/s Kanda Wines. It was averred

    that the Respondent No 5, namely Arun Kumar,

    was allotted the liquor license on 18.03.2023 for

    license fee of Rs 9,20,00,000/- whereas partnership

    deed allegedly executed on 22.03.2023 [Annexure P-2]

    was never executed by them and thus the alleged

    partnership deed was falsely and illegally prepared

    by Respondent No 5 and same was not binding on

    the petitioners herein.

    
         5(ii).    It is averred that petitioner was allotted
    
    
    
    
                                                  ::: Downloaded on - 06/07/2026 20:35:05 :::CIS
                                            - 15 -                   ( 2026:HHC:26633 )
    
    

    liquor license on 18.03.2023 whereas the partnership

    deed was executed on 22.03.2023 [Annexure P-2]

    is highly doubtful, when, as per Condition no 2.46

    .

    of the Excise Announcements, the Collector of the

    zone concerned was bound to incorporate the factum

    of partnership in the license deed/allotment letter

    which was not done. It was averred that petitioners

    of
    herein, were neither aware of any proceedings nor

    any orders having been passed by the department
    rt
    against the Respondent No 5-Arun Kumar.

    In the above backdrop, the petitioners

    have assailed the final notice issued by Respondent

    No 4- Deputy Commissioner Sales Tax and Excise

    Una on 30.11.2023 [Annexure P-1] being Annexure

    R-6/1 in connected CWP No 9721 of 2023], with

    the prayer to take action against the Respondent

    No 5 for having committed illegalities.

    6. In Reply to CWP No 115 of 2024,

    State Authorities have filed Reply-Affidavit dated

    20-3-2024 of Commissioner State Taxes and

    Excise Himachal Pradesh, stating that petitioners

    have not availed the statutory remedy of appeal

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 16 – ( 2026:HHC:26633 )

    under Section 68 of the HP Excise Act, 2011 against

    order/final notice dated 30-11-2023 [Annexure P-1]

    passed by Deputy Commissioner, State Taxes &

    .

    Excise, Una, i.e. the Excise Officer within 30 days

    before Collector-cum-Joint Commissioner, State Taxes

    & Excise, North Zone, Palampur and therefore the

    writ petition was not maintainable.

    of
    6(i). Reply-Affidavit further states that the

    Respondent No 5-Arun Kumar had presented the
    rt
    partnership deed duly signed by all the partners

    in the office of the Deputy Commissioner, State

    Taxes & Excise, Una, on 22-3-2023, before the

    commencement of business which was carried out

    with effect from 01.04.2023 in the name of M/s

    Kanda Wines. It is further averred that petitioners

    being the partners of M/s Kanda Wine did not

    at any point of time object to or brought to the

    notice of the authorities that the partnership deed

    was illegal and they had not affixed their signatures

    on the aforesaid deed. Reply-Affidavit indicates that

    reliance placed on Condition No 2.46 of Excise

    Announcements was not applicable in the instant

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 17 – ( 2026:HHC:26633 )

    case, as it relates to addition or deletion of partners

    during currency of license period. It was averred that

    Condition No 2.12 of Excise Announcements 2023-24

    .

    all the partners of the firm shall be jointly and

    severally liable to meet the liabilities. It was averred

    that the present petition is an afterthought and

    once the petitioners have enjoyed privileges of liquor

    of
    business from 01.04.2023 to 30.11.2023 for about

    eight months but when it came to recovering the
    rt
    license fee and penalty, then, instant petition was

    filed just to deprive the State of its Government

    dues.

    6(i). In the rejoinder, the petitioners have

    reiterated the claim in the writ petition, with the

    prayer to allow the writ petition and to quash

    the final notice dated 30.11.2023 [Annexure P-1 i.e.

    Annexure R-6/1 in connected CWP No 9721 of 2023],

    with the prayer for taking action against Private

    Respondent No 5 for having committed illegalities.

    7. Based on pleadings and in fact-situation

    of instant case, [CWP No 9721 0f 2023], following

    question arises for determination:

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 18 – ( 2026:HHC:26633 )

    “Whether the petitioner after having
    accepted the contract for liquor
    business and grant of license can
    resile from or wriggle out of the
    express contractual obligations and
    /or otherwise evade the liability for

    .

    payment of license fee and penalty

    etc., upon cancellation of license ?”

    8. Heard, Mr. H.S. Rana & Mr. Amrinder

    Singh Rana, Learned Counsel(s) for petitioner and

    Mr. Anup Rattan, Learned Advocate General with

    of
    Mr. Sushant Keprate, Learned Additional Advocate

    General for the Respondents 1 to 4 in CWP No
    rt
    1971 of 2023 and vice-versa in the connected

    writ petition, CWP No 115 of 2024.

    STATUTORY PROVISIONS OF THE HIMACHAL
    PRADESH EXCISE ACT:

    9. For appreciating the controversy, it is

    necessary to have a recap of the provisions of

    Sections 29, 30, 31, 34 71, 72 and 73 of the

    Himachal Pradesh Excise Act 2011, as under:

    29. Power to cancel or suspend licenses
    etc:

    Subject to such restrictions as the State
    Government may prescribe, the authority
    granting any lease, license, permit or
    pass under this Act, may cancel or
    suspend it:

    (a). if it is transferred or sublet by the holder

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 19 – ( 2026:HHC:26633 )

    thereof without the permission of the said
    authority; or

    (b) if any excise duty or countervailing
    duty or, other fee payable by the holder
    thereof is not duly paid; or

    .

    (c) in the event of any breach by the
    holder of such lease, license, permit or
    pass or by his servants, or by any one

    acting on his behalf with his express or
    implied permission, of any of the terms

    of
    or conditions of such license, permit
    or pass; or

    (d) if the holder thereof is convicted of
    rt any
    Act
    offence
    or the
    punishable
    Himachal
    under
    Pradesh
    this
    Value

    Added Tax Act, 2005, the Central Sales
    Tax Act, 1956
    or the Himachal Pradesh
    Prevention of Specific Corrupt Practices
    Act, 1983
    or of any cognizable and non-

    bailable offence, or any offence
    punishable under the Narcotic Drugs and

    Psychotropic Substances Act, 1985, or
    under the Trade and Merchandise Marks

    Act, 1958 or under the Medicinal and
    Toilet Preparations (Excise Duties) Act

    1955 or of any offence punishable under
    sections 482 to 489 (both inclusive) of
    the Indian Penal Code, 1860 or any
    offence referred to in section 135 of
    the Customs Act, 1962; or

    (e) where a license, permit or pass has been
    granted on the application of the
    grantee of a lease under this Act, on

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 20 – ( 2026:HHC:26633 )

    the request in writing of such grantee;
    or

    (f) at will, if the conditions of the license,
    permit or pass provides for such
    cancellation or suspension.

    .

    30. Power to cancel any other license
    and to recover fee:

    (1) When a license, permit or pass held

    by any person is cancelled under clauses

    (a), (b), (c) or (d) of section 29, the
    authority granting the license may

    of
    cancel any other license, permit or
    pass granted to such person by such
    rt authority within his jurisdiction but
    if such other license, permit or pass
    has been granted by any other authority,

    the Financial Commissioner may cancel
    or suspend the same.

    (2) In the case of cancellation or suspension

    of a license under clauses (a), (b), (c)
    or (d) of section 29, the fee payable

    for the balance of the period for
    which any license would have been

    current but for such cancellation or
    suspension, may be recovered from

    the ex-licensee as excise revenue.

    31. No compensation or refund claimable
    for cancellation or suspension of
    license etc:

    When a lease, license, permit or pass
    is cancelled or suspended under clauses

    (a), (b), (c) or (d) of section 29 or under
    section 30, the holder of such lease,

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 21 – ( 2026:HHC:26633 )

    license, permit or pass, as the case
    may be, shall not be entitled to any
    compensation for its cancellation or
    suspension or to the refund of any
    fee paid or deposit made in respect

    .

    thereof.”

    34. No claim in consequence of refusal
    to renew a license etc.:

    No person to whom a lease, license,
    permit or pass has been granted shall
    be entitled to claim any renewal thereof

    of
    and no claim shall lie for damages or
    otherwise in consequence of any refusal
    rt to renew a lease, license, permit or
    pass on the expiry of the period for
    which it remains in force.

    71. Power to recover license fee etc.:

    In the case of cancellation or suspension

    of a license under clauses (a), (b), (c),

    (d) or (e) of section 29, the license fee
    payable for the balance of the period

    for which any license would have been
    current but for such cancellation or

    suspension, including any other fee,
    may be recovered from such licensee

    as excise revenue.

    72. Power of Collector to take grants
    under his management or resell and
    recover deficiency.:

    If any holder of a license granted
    under this Act, or any person to whom
    a lease has been granted under section
    27
    , makes default in complying with

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 22 – ( 2026:HHC:26633 )

    any condition imposed upon him by
    such license or lease, the Collector may
    take the grant under his management
    at the risk of the person who has
    so defaulted, or may resell it and

    .

    recover any deficiency in price and all

    expenses of such resale in the manner
    specified in section 73 of this Act.

    73. Excise revenue to be first charge
    and recoverable as arrears of land
    revenue.:

    of
    (1) Notwithstanding anything to the
    contrary contained in any law for the
    time being in force, any amount of
    rt excise revenue including
    amounts due to the State Government
    all other

    under this Act from any person shall
    be the first charge on the property
    of such person including the distillery,

    brewery, winery, warehouse, shop,
    premises, fittings, apparatus and all
    stocks of liquors or materials for

    manufacture of the same.

    (2) All excise revenue including all
    other amounts due to the State
    Government under this Act, which remain

    unpaid after the due date, shall be
    recoverable as arrears of land revenue
    under the provisions of the Himachal
    Pradesh Land Revenue Act, 1954
    .

    10. For regulating the sale of liquor and

    license fee, penalty and other duties etc leviable

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 23 – ( 2026:HHC:26633 )

    and the mode and manner for recovery thereof

    and other provisions therefor, the Respondent-

    State has notified Annual Excise Announcements

    .

    for the year 2023-24 vide Annexure P-4/R-1 and

    the relevant conditions applicable for the purposes

    of adjudicating these cases read as under:

    “CHAPTER-I: INTRODUCTORY

    of
    1.1 The liquor licenses, shall be granted
    subject to the provisions of the Himachal
    Pradesh Excise Act, 2011
    and the Rules
    rt framed thereunder from time to time. A
    licensee shall himself be responsible

    for fulfilling any other obligation under
    any other law or Rule not specifically
    mentioned hereinunder in these terms
    and conditions.

    1.2 The Commissioner of State Taxes and
    Excise-cum-Financial Commissioner Excise

    Himachal Pradesh, reserves the right
    to sell all or any of the licenses by

    allotment or by auction or by private
    contract or by calling tenders or by

    draw of lots or by any other arrangement
    (including combination of the foregoing
    modes), which he may consider expedient
    in the interest of revenue. For this
    purpose, the mode of grant of these
    licenses may be changed by the
    Commissioner of State Taxes and Excise,
    whenever necessary before the actual

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 24 – ( 2026:HHC:26633 )

    grant of the license. The Commissioner
    of State Taxes and Excise may also
    modify the procedure contained in
    these terms and conditions to give
    effect to such mode of grant of license

    .

    after determining Fixed License Fee, Excise

    duties or any other levy, in such
    manner as he may deem fit.

    1.3 All the allotments of the vends/units
    license shall be subject to confirmation
    by the Commissioner of State Taxes

    of
    and Excise-cum-Financial Commissioner
    Excise Himachal Pradesh, who reserves
    rt the right to reject any allotment without
    assigning any reason for doing so.

    1.4 All the licensees shall be bound to
    comply with all the directions and
    orders of the Commissioner of State Taxes
    and Excise-cum-Financial Commissioner

    (Excise), Himachal Pradesh and all other
    Excise Officers, which may be issued

    from time to time by them.

    CHAPTER-II:

    MAIN PROVISIONS FOR AUCTION-
    CUM-TENDER OF RETAIL EXCISE VENDS
    FOR THE FINANCIAL YEAR 2023-24.

    2.1 The following licenses will be granted
    /allotted by way of Auction-cum-Tender
    process for the year 2023-24 on the
    terms and conditions as prescribed in
    the succeeding paras:

    (i) A license in form L-2 for retail
    vend of foreign liquor for sale to

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 25 – ( 2026:HHC:26633 )

    the public. The licensee will also
    be eligible to sell foreign liquor
    in wholesale to the licensees in
    form L-3, L-4, L-5, L-3A, L-4A, L-5A,
    L-3T, L-4T, L-5T, L-10BB, L-12A,

    .

    L-12B, L-12C etc. for consumption

    off the premises.

    
                  (ii)    A license in form L-14 for retail
    
    
    
    
    
                          vend           of      country                 liquor         for
    

    consumption on and off the premises.

    of
    Such licensees are also allowed to
    sell foreign liquor in the rural areas.

    (iii) A license in form L-14-A for
    retail vend of country liquor for
    rt consumption off the premises. They

    are also allowed to sell foreign
    liquor in rural areas.

    (iv) A license in form L-20-B for
    manufactures and retail sale of

    Country Fermented Liquor (Jhol).

    2.2 The licenses shall be granted by inviting

    bids/tenders for each vend/combination

    of vends termed as “Unit”. Applications
    will be submitted in accordance with
    the procedure prescribed in this chapter.

    However, all applicants intending to
    participate in the allotment of vends are
    required to go through the terms and
    conditions and fulfill all the requirements
    before submitting the application.

    2.3 The District In-charge in consultation
    with the Zonal Collector shall also fix
    the number and size of the units. The

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 26 – ( 2026:HHC:26633 )

    Units size should be such that the
    value of the unit shall be preferably
    around Rs. 8 Crore. If the condition of
    non-viability arises, the District Incharge
    in consultation with Zonal Collector

    .

    may fix any size and value of the

    Unit, keeping in view the revenue and
    geographical conditions, with the prior

    approval of the Commissioner of the
    State Taxes and Excise, H.P.

    of
    2.4 The bid/tender form for allotment shall
    be available from the office of any
    Dy. Commissioner of State Taxes &
    Excise or Asstt. Commissioner of State
    rt Taxes & Excise In-charge of the District
    or from the office of the Addl./Jt.

    Commissioner of State Taxes & Excise
    of the Zone, free of cost. The tender
    form can also be downloaded from

    the website of the Department i.e.
    www. hptax.gov.in. In order to ensure

    revenue maximization and transparency,
    it will be duly publicized through

    advertisement in 2 to 3 leading Hindi
    and English newspapers.

    2.5 The details of location of each retail
    vend/unit, reserve price, the minimum
    guaranteed quota of liquor fixed for
    each vend/unit and other levies as
    may be applicable, shall be available
    with the Dy CSTE/ACSTE In-charge of
    the District who shall display the same
    on the office notice board for the

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 27 – ( 2026:HHC:26633 )

    information of the intending tenderers/
    bidders one day before the first day
    fixed for the receipt of the tenders.

    2.6 …not relevant…

    .

    2.7 The bids/tenders for the allotment can

    be submitted by the following:

                  (a)         an individual; or
                  (b)         a body incorporated under the Indian
    
    
    
    
    
                              Companies Act; or
                  (c)         a   society   registered under   the
                              Himachal      Pradesh    Co-operative
    
    
    
    
                                    of
                              Societies Act; or
                  (d)         a partnership firm; or
                  (e)         a Hindu undivided family.
              rt
    

    2.8 When a Company or Society or Partnership
    firm or Hindu undivided family referred

    to in clauses (b), (c) (d) and (e) of
    para 7 above, applies for the allotment
    of a vend/unit, it must authorize an
    individual to act as an agent on behalf

    of the applicant, who shall be amenable
    in full to the Criminal Courts in

    India.

    2.9 An individual applicant should fulfill

    the following conditions to be eligible
    to submit bid/tender:-

    (i) He/She should be a citizen of India.

    
                  (ii).       He/She      should         have        attained        the
                              age    of   21      years        on     the     day      of
                              bid/tender.
                  (ii)        He/She       should             not      have        been
    

    blacklisted or debarred from holding
    an excise license under the provisions

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 28 – ( 2026:HHC:26633 )

    of any Rules made under the Punjab
    Excise Act
    1914, as applicable in
    the State of Himachal Pradesh/
    the Himachal Pradesh Excise Act,
    2011
    . Any person, who has been

    .

    convicted of any excise offence by

    any court of law unless finally
    acquitted, shall be automatically

    debarred from holding the license.

    (iv) He /She should not be a defaulter

    of
    of any Government dues and should
    have cleared all the arrears, if
    any, due to be paid by him upto
    rt the date of filing of application for
    allotment.

    
                   (v)    He/She should possess good moral
                          character          and          should     have       no
                          criminal       back       ground         nor    should
    

    have been convicted of any offence

    punishable under any taxation
    statute in Himachal Pradesh.

    2.10 The conditions of eligibility mentioned

    in para 9 above shall apply to all
    the partners in case of a partnership
    firm, every member of any other

    association of persons mentioned in
    Para 7 above, Karta of a Hindu undivided
    family and every individual acting
    as an agent on behalf of the applicant
    in other cases.

    2.11 The applicant must fulfill the following
    conditions:

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

                               - 29 -                       ( 2026:HHC:26633 )
    
             (i).    He should be solvent and should
    

    have the necessary funds or should
    have made arrangements for the
    necessary funds, for conducting the
    business the details of which shall

    .

    be made available to the licensing

    authority, if required and the
    value of the assets held by him

    as declared in Form ‘A’ attached
    to the application form should be
    at least 25% of the annual License

    of
    Fee of the vend/unit for which
    the application is filed.

    (ii).

              rt     He    will    establish            the     liquor        vend
                     in    the     premises              which         may      be
    

    provided by local bodies subject to

    the approval of the Department
    failing which he should possess or
    should have an arrangement for

    taking on rent suitable premises in
    the specified locality for opening
    the shop in accordance with the

    provisions of Himachal Pradesh

    Liquor License Rules, 1986 and
    that the proposed premises should
    not have been constructed in

    violation of any law or Rules.

    (iii). He should agree not to employ any
    salesman or representative who has
    criminal background as mentioned
    in clause (v) of point No 9 above
    or who suffers from any infectious
    or contagious disease or is below

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 30 – ( 2026:HHC:26633 )

    21 years of age.

    2.12 All the partners of a firm shall be
    jointly and severally liable to meet
    the liabilities.

    .

    2.13 Every tender for the allotment of vend

    /unit shall be made in the prescribed
    format. A non-refundable bid/tender fee
    shall be deposited by every person who

    wishes to participate in the bid process
    or file tender. The bid/tender fee may

    of
    be paid in cash or through Bank
    Draft at the time of entry into the
    Auction-cum-Tender hall. An applicant
    rt can submit as many tenders as he
    wants but each such tender must be
    accompanied by the prescribed tender

    fee. The tender will be submitted to the
    Dy. CSTE/ACSTE. In charge of the
    concerned district within which the vend

    /unit is situated. A non-refundable tender
    fee shall be as under:

    Sr. Type of license Tender Fee
    No

    1. L-2/L-14/L-14A Rs.1,00,000/-

    2. Country Rs.20,000/-

    Fermented Liquor

    2.18 The allotment of Units/vends through
    Auction-cum-Tender shall be made by
    the District Allotment Committee. The
    District Allotment Committee shall consist
    of the Deputy Commissioner of the
    concerned District Collector (Excise) of
    the Zone, Dy. Commissioner of State
    Taxes & Excise /Asstt. Commissioner of

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 31 – ( 2026:HHC:26633 )

    State Taxes & Excise in-charge of the
    district and any other gazetted officer
    of the Department nominated by the
    Commissioner of State Taxes & Excise.
    In case the Deputy Commissioner of

    .

    the District is not available due to

    unavoidable circumstances, then the ADC
    or ADM of the concerned District shall

    form part of the District Allotment
    Committee. The chairman of the Committee
    will be Deputy Commissioner/ADC/ADM

    of
    as the case may be.

    2.24 If any person who has been allotted
    rt vend /unit fails to make deposit of
    the amount of license fee/security or
    on confirmation of the allotment refuses

    to accept the license, the license may
    be resold by any prescribed arrangement
    and such allottee shall not be entitled

    for refund of any amount he has
    deposited or shall not be entitled to
    any other claim. Such defaulting allottee

    shall further be liable to make up

    the loss of revenue to the government
    and will be recoverable from him as
    arrear of Land Revenue.

    2.28 The successful allottee shall also be
    required to pay 10% of the MVV in
    case of draw of lots whereas in case
    of Auction-cum-Tender, the allottee shall
    be required to pay 10% of the Bid/
    Tender offered by him as advance fixed
    license fee through a Demand Draft

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 32 – ( 2026:HHC:26633 )

    drawn on a Scheduled Commercial Banks
    of India as per the schedule below.
    This demand draft shall be deposited
    by the concerned District In-charge
    latest by 5th April, 2023 after proper

    .

    verification. This amount shall be

    adjustable against the monthly license
    fee payable on lifting of liquor to the

    extent of @ 6% in the Month of April,
    2023 and the balance amount @ 4%
    in the last month of the financial year

    of
    i.e. March, 2024.

                                  Stage                     Percentage of
              rt                                            amount to be
                                                            deposited out
                                                            of the 10%
                                                            advance fixed
    
                                                            license fees
              1       At    the     time      of                 50%
                      application            for
                      allotment of the unit
              2       Within    3    days     of                    25%
    
    
                      allotment of the unit
              3       Within    6    days     of                    25%
                      allotment of the unit or
                      31 st   March,       2023
                      whichever is earlier
    
    
    
    
    

    The licensee shall be allowed to operate

    the liquor vends only if the complete
    advanced fixed license fees above is

    deposited as prescribed above. In case
    of failure to deposit the entire advanced
    fixed license fee, the allotment of vends
    /units shall be cancelled immediately
    by the Collector of the Zone concerned
    and the same shall be put up for re-
    allotment. Any advance amount deposited
    by such licensee shall be forfeited.

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

                                    - 33 -                           ( 2026:HHC:26633 )
    
            2.30 All    bidders      intending               to      participate           in
    

    Auction-cum-Tender process of allotment
    are also expected to go through the
    Bid/Tender Document and submit the
    relevant forms, i.e. form A, form B

    .

    and form in Annexure A, before

    participating in the Auction-cum-Tender.

    2.31 Every intending bidder in the Auction-

    cum-Tender shall bring along with him
    Eligibility Claim as defined in the

    of
    Tender process mentioned in forgoing
    paras. If eligibility claim of a bidder
    is found to be defective the same shall
    rt be rejected with reasons to be recorded
    in writing.

    2.32 The Auction-cum-Tender shall be
    conducted for each unit separately. The
    Tenders shall be opened for each unit
    after the completion of bidding process

    is over and no more bids are forthcoming.
    However, the Presiding Officer may in

    very rare circumstances and with the
    approval of the Financial Commissioner

    (Excise), auction more than one unit
    or whole of the district together.

    Only in the case of an eventuality
    when an entire district is intended to
    be put to auction, the Presiding Officer
    will give the intending bidders an
    opportunity to also file a tender for
    the whole district as well at this stage.
    However, the Auction-cum-Tender process
    for the whole district shall be resorted

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 34 – ( 2026:HHC:26633 )

    to only once the Auction-cum-Tender
    process of each unit or more than one
    unit has been exhausted keeping in
    view the interest of Government revenue.
    The Financial Commissioner (Excise) may

    .

    reject any grouping done by the Presiding

    Officer.

    2.40 If the highest bid or bids in respect

    of any vend or unit received by the
    Presiding Officer at the Auction/tender
    are approved and confirmed by the

    of
    Financial Commissioner (Excise), the
    deposit of advance license fee made by
    rt the concerned bidder shall be counted
    towards the License Fee approved in
    respect of the concerned vend or vends,

    and adjusted as prescribed and the
    remaining amount of License Fee shall
    be paid by the licensee.

    2.41 While allotting the retail vends L-2/
    L-14/L-14A by auction-cum-tender, the

    Committee constituted for this purpose
    shall have the final authority to

    debar any such applicants whom the
    members of the Committee find out

    to be immediate family members of
    the defaulting licensees (whether current
    or old defaulter) from allotment of retail
    vends even if he/she is the highest
    bidder/successful allottee. The committee
    shall pass a speaking order in the
    matter and convey the same immediately
    to the Commissioner of State Taxes and

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 35 – ( 2026:HHC:26633 )

    Excise, H.P. for approval. The concerned
    District Incharge shall submit a certificate
    to the Commissioner of State Taxes
    and Excise, H.P. that no defaulter or
    his immediate family members have

    .

    been permitted for allotment of excise

    units in his jurisdiction. The disqualified
    applicant/bidder in such cases shall

    have no right to appeal to the higher
    authority.

    2.42 The annual license fee (as per bid

    of
    /tender offered) shall be divided into
    twelve installments so that the entire
    rtlicense fee is cleared by 15 th March
    of the financial year. The license fee
    payable for a particular month shall

    be deposited into the government
    treasury by the 7 th day of the subsequent
    month failing which the concerned

    District Incharge shall send the report
    to Zonal In-charge concerned within
    three days.

    The Zonal In-charge shall cancel the

    license of vend/unit within three days
    positively in case the licensee fails to
    deposit the monthly license fee and the

    advance amount deposited shall be
    forfeited.

    However, if the licensee deposits monthly
    license fee, the cancellation proceedings
    in respect of defaulting unit/vend
    may be dropped by the Zonal In-charge
    by imposing a maximum penalty of

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 36 – ( 2026:HHC:26633 )

    Rs 1,00,000/- and the licensee shall
    be allowed to continue the operations.
    The entire process to be concluded
    by the Collector In-charge within three
    days.

    .

    2.47 In the event of death of a sole proprietor
    or any other case, the Collector (Excise)
    may allow the legal heir(s) to continue

    the license for the remaining period,
    provided that the legal heir(s) are

    of
    otherwise eligible to hold the license.

    2.48 If a license is held by a partnership
    firm, in the event of death of a partner,
    rt the survivor(s) and the legal heir(s) of
    the deceased or in the eventuality of

    death of all the partners, their legal
    heir(s), if otherwise eligible, may be
    allowed by the Collector (Excise) to hold
    the license for the remaining period

    of the financial year.

    2.49 to 3.32 …not relevant…..”

    CONTENTIONS OF PETITIONER IN CWP NO
    9721 of 2023:

    11. Learned Counsel for the petitioner has

    assailed Impugned Orders, passed by Respondent

    no 3-Collector (Excise)-cum-Joint Commissioner

    of State Taxes and Excise (North Zone) Palampur

    on 18.11.2023 [Annexure P-2] cancelling the liquor

    license of the petitioner under Section 29 of

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 37 – ( 2026:HHC:26633 )

    the Himachal Pradesh Excise Act 2011 for non-

    remission of license fee for the period in question

    and orders passed by Respondent No 1-Financial

    .

    Commissioner (Excise)-cum-Appellate Authority on

    22.11.2023 [Annexure P-1], dismissing the appeal

    under Section 68 (2) of the Act; on the grounds,

    that firstly, the Impugned Orders passed by the

    of
    State Authorities without complying with principles

    of natural justice was illegal and unsustainable;

    rt
    and secondly, the action of the State Authorities

    in passing the impugned orders ignoring that

    the petitioner has suffered loss in business due

    to natural calamities and lesser liquor rates in

    the bordering State of Punjab; and thirdly, the

    action of the State Authorities in freezing bank

    account of the petitioner on 17.11.2023 before

    passing Impugned Orders despite the readiness

    and willingness of the petitioner to remit the

    pending license fee was illegal; and fourthly,

    the State Authorities could not discriminate the

    petitioner by cancelling his liquor license whereas

    no action was taken against other defaulters;

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

                                          - 38 -                     ( 2026:HHC:26633 )
    
         and   fifthly,    the    action      of        the    Respondents              in
    
         re-auctioning the vends to the Respondent No 5
    
    

    by a backdoor procedure on the basis of fake

    .

    documents submitted by the said respondent was

    illegal; and lastly, Condition no 2.42 of Annual

    Excise Announcements for 2023-2024 [Annexure P-4]

    was arbitrary, illegal and unconstitutional.

    of
    ANALYSIS OF CONTENTIONS OF PETITIONER
    IN CWP NO 9721 of 2023:

    12. Now, this Court proceeds to analyze the
    rt
    contentions of Learned Counsel for the petitioner

    hereinunder:

    PLEA THAT IMPUGNED ORDER CANCELLING
    LICENSE WAS PASSED WITHOUT HEARING

    MISCONCEIVED:

    13. First contention of Learned Counsel for

    petitioner is that the Impugned Order cancelling

    the liquor license of the petitioner on 18.11.2023

    [Annexure P-2], without affording an opportunity

    of hearing was punitive and violative of principles

    of natural justice.

    The above plea is factually incorrect,

    misleading and is misconceived in view of the

    stand taken by the State Authorities in the Reply

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 39 – ( 2026:HHC:26633 )

    -Affidavit, reads as under:

    7. That the contents of this para are
    absolutely wrong and hence denied.

    The Petitioner was afforded adequate

    .

    opportunity for the payment of pending

    license fees for the month of September.
    Repeated notices were sent to the
    Petitioner by Respondent No.4 for

    depositing the pending amount due but
    is of no avail despite giving reasonable

    of
    opportunities failing on account of which
    a report was submitted to Respondent
    No. 3 vide his office letter No EXN-Una-
    Excise-2023-24-11862 dated 08.11.2023
    rt pointing out that the Petitioner/licensee

    has erred in the payment of license
    fees for the month of September, 2023
    rendering him liable for action under
    Section 29 & 43 of the H.P Excise Act,

    2011 read with condition No 2.42 of the
    Excise Announcements 2023-24.

    It is further submitted that a notice was
    served upon the licensee by Respondent

    No. 3 on 09.11.2023 wherein opportunity
    of being heard was afforded to him.

    The Petitioner/licensee was directed to
    produce the proof of payment of balance
    license fee on or before 13.11.2023. Again
    notice was issued in this regard on
    13.11.2023 through Respondent No 4 for
    appearance on 14.11.2023. However, the
    Petitioner/licensee did not appear for
    reasons best know to him. Resultantly,

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 40 – ( 2026:HHC:26633 )

    case was taken up on 15.11.2023
    when the Petitioner/licensee intimated
    that only an amount of Rs 2,00,000/-
    has been deposited. Last opportunity
    was granted to the licensee to deposit

    .

    the remaining dues by 16.11.2023.

    However, the Petitioner/licensee failed to
    clear the dues for the month of September

    2023. Consequently, the license of the
    Petitioner was cancelled by Respondent
    No3 well-reasoned order dated 18.11.2023

    of
    (Annexure P-2). Thereafter, the petitioner
    /licensee filed an appeal u/s 68(2)

    rt of the H.P Excise Act, 2011 before the
    Respondent No.2 on 20.11.2023. On the
    request of the Petitioner the matter was

    listed for hearing on the date of institution
    itself i.e. 20.11.2023. The Petitioner
    was given an ample opportunity to clear

    the outstanding pending amount due
    for the months of September as well
    as of October, 2023 as per the explicit

    provisions laid down therefor in condition
    No. 2.42 of the H.P Excise Announcements

    2023-24. However, despite numerous
    reminders no deposit was made by the

    Petitioner/licensee reasons best known
    to him and the appeal was dismissed
    by Respondent No. 2 after affording due
    and ample opportunities to the Petitioner
    /licensee to put forth his contention but
    is of no avail.

    12. That the contents of this para are
    wrong hence denied. It is submitted that

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 41 – ( 2026:HHC:26633 )

    the case of the Petitioner was heard
    by Respondent No. 3 on dated 09.11.2023,
    10.11.2023, 15.11.2023, 16.11.2023 and
    finally on 18.11.2023. Subsequently, an
    order of cancellation of license was

    .

    passed by Respondent No 3 after hearing

    the Petitioner at length and giving
    sufficient time to deposit the dues hence

    the well-reasoned order passed by the
    Respondent No.3 is sustainable in the
    eyes of law for all intents and purposes.

    of
    There is iota of doubt to draw adverse
    inference while passing the aforesaid

    rt order as per law.”

    13(i-a). Besides the stand in the Reply Affidavit,

    a reference is made to Final Notice issued on

    17.11.2023 [Annexure P-3] by the Respondent No

    3-Collector (Excise)-cum-Joint Commissioner Sales

    Tax and Excise Palampur (HP) under Section 29

    of H P Excise Act, 2011, directing him to deposit

    /remit the license fee for September 2023, in

    following terms:

    And whereas, in view of the above, the
    said licensee has become liable for action
    under Commissioner of State Taxes &
    Excise, Una, District Una read with
    condition no 2.42 of the Annual Excise
    Announcements 2023-24 and notices were
    issued to you for appearance/ present

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 42 – ( 2026:HHC:26633 )

    your cause/ deposit pending license fee
    for the said month, and due opportunity
    was afforded to you on 09.11.2023,
    14.11.2023 and 15.11.2023.

    .

    Whereas you have ample opportunity to

    appear and deposition of license fee for
    the month of September, 2023 and you
    have miserably failed to deposit the

    same and an amount of license fee
    Rs.45,85,881 is still pending on the

    of
    part of you for the said month. At the
    same time you have not put any forth
    any sufficient reasons for the failure of
    deposition of the pending license fee for
    rt the month of September, 2023.”

    13(i-b). Perusal of the Impugned order passed

    by Collector-cum-Joint Commissioner on 18.11.2023,

    Annexure P-2, negates the plea of the petitioner

    in view of the fact that petitioner was directed

    to appear before the Authorities on 09.11.2023

    for 13.11.2023 and another notice was issued on

    13.11.2023 directing him to appear on 14.11.2023

    and then another notice was issued directing him

    to appear on 16.11.2023 as an amount of Rs

    45,85,881/-was due and on said date, petitioner

    deposited an amount of Rs 2,00,000/ and he

    was directed to deposit the remaining amount

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 43 – ( 2026:HHC:26633 )

    on 16.11.2023 but despite this, the petitioner did

    not deposit the balance amount and for this

    persistent default, a Final Notice was issued on

    .

    17.11.2023 vide Annexure P-4, by directing him

    to deposit the balance amount before 18.11.2023

    (morning) and to remit the proof of deposit of

    license fee. Material on record reveals that the

    of
    petitioner was heard by the Respondent No 3

    on several occasions on 09.11.2023, 10.11.2023,
    rt
    15.11.2023, 16.11.2023 and finally on 18.11.2023

    but for the non-remission/non-deposit of license

    fee, the Respondent No 3-Collector (Excise)-cum-

    Joint Commissioner of State Taxes and Excise

    Palampur (HP) passed an order on 18.11.2023

    [Annexure P-2], cancelling the license of petitioner

    after issuing notices and after having afforded

    an opportunity of personal hearing and after giving

    sufficient time to deposit the dues.

    13(i-c). Feeling aggrieved against the order

    cancelling the license, the petitioner filed an

    appeal under Section 68 (2) of the Himachal

    Pradesh Excise Act before Financial Commissioner

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 44 – ( 2026:HHC:26633 )

    (Excise) vide Appeal No.8 of 2023 and Appellate

    Authority gave two opportunities on 21.11.2023

    and on next day i.e. 22.11.2023, but for non-

    .

    deposit of license-fee the appeal was dismissed,

    in following terms:-

    The matter was accordingly ordered to
    be listed on the next day i.e. 21.11.2023
    at 12:00 noon. The appellant on 21.11.2023

    of
    submitted that it can only deposit `ten
    lakh today. One more opportunity was
    granted to the appellant and was directed
    rt to
    for
    deposit
    the
    half
    month
    of
    of
    the pending
    September, 2023
    license
    on

    that day itself i.e. 21.11.2023 by 03:00
    PM and the remaining half on the next
    day i.e. 22.11.2023 by 11:00 AM. However,
    the appellant expressed its inability to

    deposit the concerned amount on both
    the dates.”

    Based on the material on record, it is

    established that despite issuance of notices and

    affording personal hearings and grant of several

    opportunities to deposit-remit the license-fee, the

    failure to deposit-remit the payable amount has

    led to passing of Impugned Order on 18.11.2023

    [Annexure P-2] by the Respondent No 3-Collector

    (Excise)-cum-Joint Commissioner Sales Tax and

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 45 – ( 2026:HHC:26633 )

    Excise Palampur (HP) cancelling the liquor license

    of the petitioner is inaccordance with law. Even

    during pendency of appeal, the Appellate Authority

    .

    gave two opportunities to deposit the license fee

    and since the petitioner expressed his inability

    to deposit-remit the license fee, therefore, the

    appeal was dismissed on 22.11.2023 [Annexure P-1]

    of
    inaccordance with law. Nothing has been placed

    on record with the writ petition or in rejoinder

    to assert
    rt and establish that the notices were

    not issued/served or that the personal hearings

    were not afforded by the State Authorities negates

    the plea of the petitioner.

    In above backdrop, the Impugned Order

    passed on 18.11.2023 [Annexure P-2] cancelling

    the liquor license for failure to deposit-remit the

    license-fee and the orders dismissing the appeal

    on 22.11.2023 [Annexure P-1], passed after due

    compliance of the principles of natural justice

    by issuing notices and after affording personal

    hearing(s) giving ample opportunities to petitioner

    to deposit-remit the unpaid license fee but upon

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 46 – ( 2026:HHC:26633 )

    failure to the deposit-remit the license fee, the

    impugned order passed by the Collector (Excise),

    which was also upheld by the Appellate Authority.

    .

    Accordingly, the plea of Learned Counsel for the

    petitioner that Impugned Orders are punitive and

    violative of the principles of natural justice is

    misconceived and therefore, the Impugned Orders

    of
    do not suffer from the vice of perversity, infirmity

    or illegality.

    rtPETITIONER HAVING ACCEPTED TERMS OF
    CONTRACT CANNOT WRIGGLE OUT:

    14. Second contention of Learned Counsel

    contented that non-deposit of license fee was due

    to recission in business suffered on account

    of natural calamity in July 2023 and also the

    lesser rate of liquor in bordering/adjoining areas

    in the State of Punjab and the Impugned Orders

    cancelling the license on 18.11.2023 [Annexure P-2]

    and in dismissing the appeal of the petitioner

    on 18.11.2023 [Annexure P-2], by ignoring these

    aspects reveals unreasonableness, unfairness and

    arbitrariness in State action.

    The above contention cannot sustain on

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 47 – ( 2026:HHC:26633 )

    facts as well as law, in view of the discussion

    made in succeeding paras :-

    A. SANCTITY OF TERMS AND CONDITIONS OF
    CONTRACT IN LIQUOR TRADE:

    .

    14(i-a). The plea is misconceived, for the reason,

    that firstly, once the State Authorities decided

    to auction the liquor trade by inviting bids and

    petitioner participated in auction and voluntarily

    of
    offered his bid with open eyes, for grant of

    license and
    rt acceptance of his bid culminated

    into a contract then, the contractual obligations

    arising from contract were binding; and secondly,

    after having participated in the auction and

    the acceptance of bid and grant of license, the

    petitioner was bound by the terms and conditions

    under HP Excise Act, HP Liquor License Rules

    and the Excise Announcements for the year

    2023-2024, including the mode and manner of

    depositing-remitting the license fee as prescribed

    therein; and thirdly, mutual rights and liabilities

    of parties were to be governed by the terms and

    conditions of contract (license) and the law; and

    fourthly, the petitioner after having freely and

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 48 – ( 2026:HHC:26633 )

    voluntarily participated in an auction and having

    been granted license by State Authorities cannot

    invoke the doctrine of fairness and reasonableness

    .

    against another contracting party (i.e. the State

    in the instant case) for purpose of altering or

    adding to the terms and conditions of contract

    or license after its acceptance; and fifthly, once

    of
    the petitioner had taken advantages, benefits and

    profits from the contract (grant of license) then,
    rt
    in the event of losses, the petitioner is bound

    to fulfil its obligations by depositing-remitting

    the license fee and failure to deposit-remit license

    fee shall estop the petitioner from challenging

    orders for recovery of license fee; and sixthly,

    the petitioner has no right to invoke and plead

    waiver or non-deposit of license fee due to loss

    -recission in business, for the reason that in

    cases of contracts entered freely and voluntarily,

    the State Authorities does not guarantees profit

    to licensee nor does it encompasses warranty

    against incurring losses and earning of profit

    or incurring loss is not the concern of the State

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 49 – ( 2026:HHC:26633 )

    Authorities; and seventhly, after having accepted

    the contract as a whole (and grant of license

    voluntary and free will in open auction), then,

    .

    the petitioner cannot accept beneficial part of

    contract while abandoning that part which may

    turn out to be not favorable or not suitable.

    The petitioner cannot blow hot and cold and

    of
    the principle of approbation and reprobation and

    the doctrine of election disentitles the petitioner
    rt
    from claiming exemption, immunity or to waive

    off the license fee; eighthly, in matters relating

    to commercial contracts, as in this case, petitioner

    has no right to invoke doctrine of unconscionable

    bargaining is not attracted and is inapplicable;

    and ninthly, after having accepted the terms and

    conditions of contract, the petitioner had no right

    to wriggle out of contractual obligations and the

    hardships or difficulties in enforceability of contract

    or terms being onerous cannot be a ground

    for claiming non-performance or non-remission of

    license fee, becoming due and payable under the

    terms and conditions, which were duly accepted

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 50 – ( 2026:HHC:26633 )

    by the petitioner; tenthly, even the events which

    were not relatable to the terms and conditions

    of contract will not entitle a party for petitioner

    .

    for pleading non-performance by not depositing

    or not remitting the license fee payable by the

    petitioner to the State Authorities, when, State

    Authorities had placed all its cards on the table

    of
    {i.e. terms and conditions of contract, contained

    in bid document, in terms of Chapter-II and Clause

    2.4 of
    rt
    the Excise Announcements for the year

    2023-2024, (Annexure R-2) and petitioner having

    knowledge of same, voluntarily and of his free

    will chose to offer his bid with open eyes, which

    was duly accepted, then after acceptance of bid

    and grant of license, the petitioner-licensee has

    no right to assail the orders cancelling the

    liquor license under Section 29 of the HP Excise

    Act, for failure to deposit-remit the license fee.

    In these circumstances, the non-performance or

    non-enforceability of contractual conditions due to

    loss in business or due to events not expressly

    covered by the terms and conditions of contract

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 51 – ( 2026:HHC:26633 )

    do not confer a legally enforceable and tenable

    ground to seek indulgence under Article 226 of

    the Constitution of India. It is beyond the purview

    .

    of the Court to adopt a convenient methodology

    by resorting to a liberal approach so as to rewrite

    the contract either by substituting the existing

    conditions or by carving out new terms outside

    of
    the express terms and conditions of the contract-

    license and the petitioner-licensee herein, cannot

    be
    rt
    permitted to dilute the sanctity of contract

    or to wriggle out of the contractual obligations

    including liabilities (payment of license fee etc.),

    for the period in issue, as referred to above.

    MANDATE OF LAW: TERMS OF CONTRACT
    CANNOT BE PERMITTED TO BE WRIGGLED

    OUT:

    14(i-b). While dealing with contractual obligations

    in liquor business between the State and licensee

    who had offered the bid with open eyes, which

    was duly accepted then, the terms and conditions

    of contract cannot be wriggled out or contractual

    obligations cannot be impeached by a licensee

    by giving a go-bye to the terms and conditions

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 52 – ( 2026:HHC:26633 )

    of contract were binding inter-se the parties,

    as mandated by the Constitutional Bench of

    the Hon’ble Supreme Court in Har Shankar

    .

    and others vs The Deputy Excise and Taxation

    Commissioner and others, (1975) 1 SCC 737, in

    following terms:-

    16. Those interested in running the country

    of
    liquor vends offered their bids voluntarily
    in the auctions held for granting
    licences for the sale; of country liquor.
    rt The terms and conditions of auctions
    were announced before the auctions
    were held and the bidders participated

    in the auctions without a demur and
    with full knowledge of the commitments
    which the bids involved. The announcement

    of conditions governing the auctions
    were in the nature of an invitation to
    an offer to those who were interested

    in the sale of country liquor. The bids

    given in the auctions were offers made by
    prospective vendors to the Government.
    The Government’s acceptance of those

    bids was the acceptance of willing offers
    made to it. On such acceptance, the
    contract between the bidders and the
    Government became concluded and a
    binding agreement came into existence
    between them. The successful bidders
    were then granted licenses evidencing
    the terms of contract between them

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 53 – ( 2026:HHC:26633 )

    and the Government, under which they
    became entitled to, sell liquor. The
    licensees exploited the respective licences
    for a portion of the period of their
    currency, presumably in expectation of

    .

    a profit. Commercial considerations may

    have revealed an error of judgment
    in the initial assessment of profitability

    of the adventure but that is a normal
    incident of the trading transactions.
    Those who contract with open eyes

    of
    must accept the burdens of the
    contract along with its benefits. The

    rt powers of the Financial-Commissioner
    to grant liquor licensees by auction
    and to collect license fees through the

    medium of auctions cannot by writ
    petitions be, questioned by those who,
    had their venture succeeded, would

    have relied upon those very powers to
    found a legal claim. Reciprocal rights
    and obligations arising out of contract

    do not depend for their enforceability
    upon whether a contracting party

    finds it prudent to abide by the
    terms of the contract. By such a

    test no contract could ever have a
    binding force.

    21. On the preliminary objection it was
    fin-ally urged by the appellants that
    the objection was misconceived because
    there was, in fact, no contract between
    the parties and therefore they were not
    attempting to enforce any contractual

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 54 – ( 2026:HHC:26633 )

    rights or to wriggle out of contractual
    obligations. The short answer to this
    contention is that the bids given by
    the appellants constitute offers and
    upon their acceptance by the Government

    .

    a binding agreement came into existence

    between the parties. The conditions
    of auction become the terms of the

    contract and it is on those terms that
    licenses are granted to the successful
    bidders in Form L. 14-A of the Rules.

    of
    As stated in Chesbire and Fifoot’s ‘Law
    of Contract’ (Eighth Ed., 1972; P. 24),

    rt “In order to determine whether, in
    any given case, it is reasonable
    to infer the existence of an

    agreement, it has long been usual
    to employ the language of offer
    and acceptance. in other words,
    the court examines all the
    circumstances to see if the one

    party may be assumed to have
    made a firm, offer” and if the
    other may likewise be taken to

    have ‘accepted” that offer. These
    complementary ideas present a

    convenient method of analysing
    a situation, provided that they
    are not applied too literally and

    that facts are not sacrificed to
    phrases.”

    Analysing the situation here, a
    concluded contract must be held to
    have come into existence between the
    parties. The appellants have displayed
    ingenuity in their search for invalidating
    circumstances but a writ petition is

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 55 – ( 2026:HHC:26633 )

    not an appropriate remedy for impeaching
    contractual obligations.”

    CONTRACTUAL CANNOT BE RESILED ON
    PLEA OF CONDITION BEING INCONVENIENT
    ONEROUS OR BEING HARSH :

    .

    14(i-c). Plea of liquor-licensee that the terms

    of contract prescribing the mode of payment of

    license fee and consequences thereof were onerous

    or that conditions of license led to inconvenient

    of
    consequences or were harsh was repelled by

    the Three-Judges of the Hon’ble Supreme Court,
    rt
    in case of Panna Lal and others vs State of

    Rajasthan and others, (1975) 2 SCC 633, in

    following terms:

    20. The license fee stipulated to be paid
    by the appellants is the price or
    consideration or rental which the

    Government charges from the licensees

    for parting with its privilege in stipulated
    lump sum payment and is a normal
    incident of a trading or business

    transaction. This Court in the recent
    decision in Nashirwar and Ors vs State
    of Madhya Pradesh and ors
    and in
    the unreported decision Hari Shanker
    vs Deputy Excise and Taxation
    Commissioner
    held that the State has
    exclusive right to manufacture and
    sell liquor and to sell the said right

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 56 – ( 2026:HHC:26633 )

    in order to raise revenue. The nature
    of the trade is such that the State
    confers the right to vend liquor
    by farming out either by auction or
    by private treaty. Rental is the

    .

    consideration for the privilege granted

    by the Government for manufacturing
    or vending liquor. Rental is neither a

    tax nor an excise duty. Rental is
    the consideration for the agreement
    for grant of privilege by the Government.

    of

    21. The licences in the present case are
    contracts between the parties. The
    licensees voluntarily accepted the
    rt contracts. They fully exploited to their
    advantage the contracts to the exclusion

    of others. The High Court rightly said
    that it was not open to the appellants
    to resile from the contracts on the

    ground that the terms of payment
    were onerous. The reasons given by

    the High Court were that the licensees
    accepted the licence by excluding their

    competitors and it would not be open
    to the licences to challenge the terms

    either on the ground of inconvenient
    consequence of terms or of harshness
    of terms.”

    COMMERCIAL DIFFICULTY-HARDSHIP CANNOT
    BE INVOKED WHEN TERMS ACCEPTED WITH
    OPEN EYES:

    14(i-d). Plea by a liquor-licensee that terms

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 57 – ( 2026:HHC:26633 )

    and conditions of contract had caused commercial

    difficulty or inconvenience or hardship etc., in

    performance cannot be a justification for not

    .

    complying with the terms of contract which were

    accepted with open eyes, as mandated by the

    Three Judges of the Hon’ble Supreme Court in

    State of Haryana and others versus Jageram

    of
    and others, (1980) 3 SCC 599, in following terms:

    16. The Writ Petitions filed by the
    rt respondents in the High Court in the
    instant case are open precisely to the
    same objection which was upheld by

    this Court in Har Shankar (supra). They
    entered into a contract with the State
    authorities with the full knowledge

    of conditions which they had to carry
    out in the conduct of their business,
    on which they had willingly and

    voluntarily embarked. The occurrence of

    a commercial difficulty inconvenience
    or hardship in the performance of
    those conditions, like the sale of

    liquor being less in summer than in
    winter, can provide no justification
    for not complying with the terms of
    the contract which they had accepted
    with open eyes. The respondents could
    not therefore invoke the writ jurisdiction
    of the High Court to avoid the contractual

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 58 – ( 2026:HHC:26633 )

    obligation incurred by them voluntarily.

    On this ground alone, the State is
    entitled to succeed in this appeal.”

    UNFAVOURABLE CONDITIONS & UNEXPECTED
    DEVELOPMENTS NOT A GROUND TO WRIGGLE

    .

    OUT OF THE CONCTRACTUAL OBLIGATIONS:

    14(i-e). Plea of a licensee in liquor business

    to relieve him of the obligations arising under

    contract due to unexpected developments and

    of
    other unfavourable conditions causing loss cannot

    be a ground to allow such licensee to wriggle
    rt
    out contractual obligations and the duty to act

    fairly cannot be invoked so as to modify or alter

    express conditions of a contact or to create an

    obligation upon the State which do not exist in

    the contract, has outlined by the Three-Judges

    of the Hon’ble Supreme Court in the case of

    Assistant Excise Commissioner and Others

    vs Issac Peter and Others, (1994) 4 SCC 104,

    in following terms :

    23. Maybe these are cases where the
    licensees took a calculated risk. May
    be they were not wise in offering their
    bids. But in law there is no basis
    upon which they can be relieved of
    the obligations undertaken by them

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 59 – ( 2026:HHC:26633 )

    under the contract. It is well known
    that in such contracts which may
    be called executory contracts there is
    always an element of risk. Many an
    unexpected development may occur which

    .

    may either cause loss to the contractor

    or result in large profit. Take the very
    case of arrack contractors. In one year,

    there may be abundance of supplies
    accompanied by good crops induced
    by favorable weather conditions; the

    of
    contractor will make substantial profits
    during the year. In another year, the

    rt conditions may be unfavourable and
    supplies scarce. He may incur loss.
    Such contracts do not imply a warranty

    or a guarantee of profit to the
    contractor. It is a business for him
    profit and loss being normal incidents

    of a business. There is no room
    for invoking the doctrine of unjust
    enrichment in such a situation. The

    said doctrine has never been invoked
    in such business transactions. The

    remedy provided by Article 226 or
    for that matter, suits, cannot be

    resorted to wriggle out of the
    contractual obligations entered into
    by the licensees.

    26. Learned counsel for respondents then
    submitted that doctrine of fairness and
    reasonableness must be read into
    contracts to which State is a party.
    It is submitted that the State cannot

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 60 – ( 2026:HHC:26633 )

    act unreasonably or unfairly even while
    acting under a contract involving State
    power. Now, let us see, what is the
    purpose for which this argument is
    addressed and what is the implication?

    .

             The      purpose,          as     we          can     see,      is
    
    
    
    
    
             that     though          the     contract           says     that
             supply        of          additional               quota        is
    
    
    
    
    
             discretionary,            it     must         be     read      as
             obligatory       at      least     to     the       extent     of
             previous      year's           supplies        by     applying
    
    
    
    
                           of
    

    the said doctrine. It is submitted that
    if this is not done, the licensees would
    suffer
    rt monetarily. The other purpose
    is to say that if the State is not able
    to so supply, it would be unreasonable

    on its part to demand the full amount
    due to it under the contract. In short,
    the duty to act fairly is sought to

    be imported into the contract to
    modify and alter its terms and to
    create an obligation upon the State

    which is not there in the contract.
    We must confess, we are not aware

    of any such doctrine of fairness
    or reasonableness. Nor could the learned

    counsel bring to our notice any decision
    laying down such a proposition. Doctrine
    of fairness or the duty to act fairly
    and reasonably is a doctrine developed
    in the administrative law field to ensure
    the rule of law and to prevent failure
    of justice where the action is
    administrative in nature. Just as

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 61 – ( 2026:HHC:26633 )

    principles of natural justice ensure fair
    decision where the function is quasi-
    judicial, the doctrine of fairness is
    evolved to ensure fair action where
    the function is administrative. But

    .

    it can certainly not be invoked to

    amend, alter or vary the express
    terms of the contract between the

    parties. This is so, even if the contract
    is governed by statutory provisions,
    i.e., where it is a statutory contract

    of
    or rather more so. It is one thing to
    say that a contract every contract
    must
    rt be construed reasonably having
    regard to its language. But this is
    not what the licensees say. They seek

    to create an obligation on the other
    party to the contract, just because
    it happens to be the State. They are

    not prepared to apply the very same
    rule in converse case, i.e., where the
    State has abundant supplies and

    wants the licensees to lift all the
    stocks. The licensees will undertake

    no obligation to lift all those stocks
    even if the State suffers loss. This

    one-sided obligation, in modification
    of express terms of the contract, in
    the name of duty to act fairly, is
    what we are unable to appreciate.
    The decisions cited by the learned counsel
    for the licensees do not support their
    proposition. In Dwarkadas Marfatia vs
    Board of Trustees of the Port
    of

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 62 – ( 2026:HHC:26633 )

    Bombay it Was held that where a public
    authority is exempted from the operation
    of a statute like Rent Control Act, it
    must be presumed that such exemption
    from the statute is coupled with the

    .

    duty to act fairly and reasonably. The

    decision does not say that the terms
    and conditions of contract can be varied,

    added or altered by importing the
    said doctrine. It may be noted that
    though the said principle was affirmed,

    of
    no relief was given to the appellant in
    that case
    . Shrilekha Vidyarthi vs State
    of U.P.
    was a case of mass termination
    rt
    of District (Government Counsel in
    the State of U.P. It was a case of

    termination from a post involving public
    element. It was a case of non-government
    servant holding a public office, on

    account of which it was held to be
    a matter within the public law field.
    This decision too does not affirm the

    principle now canvassed by the learned
    counsel. We are, therefore, of the opinion

    that in case of contracts freely entered
    into with the State, like the present

    ones, there is no room for invoking the
    doctrine of fairness and reasonableness
    against one party to the contract
    (State), for the purpose of altering
    or adding to the terms and conditions
    of the contract, merely because it
    happens to be the State. In such cases,
    the mutual rights and liabilities of

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 63 – ( 2026:HHC:26633 )

    the parties are governed by the terms
    of the contracts (which may be statutory
    in some cases) and the laws relating
    to contracts. It must be remembered
    that these contracts are entered into

    .

    pursuant to public auction, floating

    of tenders or by negotiation. There
    is no compulsion on anyone to enter

    into these contracts. It is voluntary
    on both sides. There can be no question
    of the State power being involved in

    of
    such contracts. It bears repetition to
    say that the State does not guarantee
    profit to the licensees in such contracts.
    rt
    There is no warranty against incurring
    losses. It is a business for the

    licensees. Whether they make profit
    or incur loss is no concern of the
    State. In law, it is entitled to its

    money under the contract. It is not
    as if the licensees are going to pay
    more to the State in case they make

    substantial profits. We reiterate that
    what we have said hereinabove is

    in the context of contracts entered
    into between the State and its citizens

    pursuant to public auction, floating
    of tenders or by negotiation. It is not
    necessary to say more than this for
    the purpose of these cases. What would
    be the position in the case of
    contracts entered into otherwise than
    by public auction, floating of tenders
    or negotiation, we need not express

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 64 – ( 2026:HHC:26633 )

    any opinion herein.”

    PETITIONER CANNOT TURN AROUND
    AND ASSAIL CONDITIONS OF CONTRACT
    AFTER ACCEPANCE:

    14(i-f). While negating the claim of a licensee

    .

    in liquor business, who had failed to deposit

    license fee but had filed a writ petition, seeking

    deferment or enlargement of time for payment of

    of
    license fee was repelled by the Hon’ble Supreme

    Court in case of State of Orissa & Others vs

    Narain
    rt Prasad and Others, (1996) 5 SCC 740,

    by mandating that after accepting the terms and

    conditions of contract and upon commencement

    of work, such person-licensee cannot be permitted

    to turn around, pleading non-performance by

    invoking the extra-ordinary jurisdiction of the

    High Court under Article 226 of the Constitution

    of India, in the following terms:

    21. The approach adopted in this decision
    has to be borne in mind in every
    such case. It is also to be kept mind
    that while the decisions referred to
    hereinbefore are by smaller Benches,
    this decision is by a Constitution Bench.

    A person who enters into certain
    contractual obligations with his eyes

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 65 – ( 2026:HHC:26633 )

    open and works the entire contract,
    cannot be allowed to turn round,
    according to this decision, and question
    the validity of those obligations of the
    Rules which constitute the terms of the

    .

    contract. The extra-ordinary jurisdiction

    of the High Court under Article 226,
    which is of a discretionary nature and

    is exercised only to advance the interests
    of justice, cannot certainly be employed
    in aid of such persons. Neither justice

    of
    nor equity is in their favour.

    36. Lastly, we may also invoke the holding
    in Har Shankar and Jageram that the
    rt writ petitioners, having entered into
    agreements voluntarily, containing the

    conditions aforesaid and having done
    the business under the licences obtained
    by them, cannot be allowed to either

    wriggle out of the agreements nor
    can they be allowed to challenge the

    validity of the Rules which constitute
    the terms of the contract. The High

    Court should not have exercised its
    extra-ordinary discretionary Article 226 of

    the Constitution in aid of such licencees.”

    PETITIONER HAS NO INHERENT RIGHT TO
    CARRYING LIQUOR BUSINESS DEHORS THE
    TERMS OF CONTRACT:

    14(i-g). While negating the plea of a liquor-

    licensee for renewal of license or continuity, the

    Three Judge Bench of the Hon’ble Supreme Court

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 66 – ( 2026:HHC:26633 )

    in the case of Secretary to Government, TN

    and Another versus K Vinayagamurthy, (2002)

    7 SCC 104, mandated that in matters relating

    .

    to trade in noxious or dangerous goods, no citizen

    can claim an inherent right to sell intoxicating

    liquor by retail or claim any privilege for such

    trade and State can impose reasonable restrictions

    of
    to regulate such trade, including augmentation

    of excise revenue.

    rtPLEA THAT MODE OF PAYMENT OF LICENSE
    FEE VIOLATED IS WHOLLY UNTENABLE:

    14(i-h). The plea of the petitioner that action

    of the State Authorities in cancelling the license

    for non-deposit of license-fee prematurely was

    contrary to condition no 2.42 of the Excise

    Announcements, whereby, license fee was payable

    in twelve instalments.

    The above plea cannot sustain, for the

    reason, firstly, the petitioner has misconstrued

    Condition no 2.42 of the terms and conditions

    as contained in Excise Announcements for the

    year 2023-2024; and secondly, the first part of

    condition no 2.42 expressly provides that the

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 67 – ( 2026:HHC:26633 )

    “annual license fee” (as per bid /tender offered)

    shall be “divided into twelve instalments”, so

    that entire license fee is cleared by 15 th March

    .

    of the financial year; and thirdly, the second

    part of condition no 2.42 prescribes the mode

    of payment of the aforesaid twelve instalments,

    by mandating that the “license fee payable

    of
    for a particular month” shall be deposited in

    government treasury by the seventh day of
    rt
    the subsequent month”. The terms and conditions

    of contract prescribe the mode and the manner

    of payment of annual license fee spreading over

    12 instalments, but with the added rider that

    license fee payable for particular month, would

    be deposited by 7 th day of the subsequent month

    and in above backdrop, the petitioner had failed

    to deposit the license fee which became due

    for the month of September 2023 and became

    payable before 7 th of October 2023 and likewise,

    the petitioner had failed to deposit the license

    fee for the month of October 2023 which became

    due and payable before 7 th November 2023 and

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 68 – ( 2026:HHC:26633 )

    license fee for the period thereafter till 08.11.2023. ,

    Based on these facts, Deputy Commissioner

    Sales Tax and Excise Una sent a report to

    .

    Zonal Incharge-Collector-cum-Joint Commissioner

    at Palampur, who issued notices and afforded

    opportunity of personal hearing directing him

    to deposit unpaid license fee, as the failure to

    of
    deposit the license fee was a gross violation of

    the terms and conditions of contract as spelt

    out in
    rt Annual Excise announcements. Plea of

    the petitioner that the license fee could not

    be deposited or remitted due to sufferings in

    business, was held not to be a ground, for

    showing indulgence for the reason, that the

    terms and conditions were binding and the

    State is entitled to its money inaccordance with

    the mode of deposit of license-fee stipulated

    under the contract and the mutual rights and

    liabilities of the parties are governed by terms

    of contract and mere non-performance due to

    extraneous reasons which did not exist in the

    contract and the petitioner-licensee has no right

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 69 – ( 2026:HHC:26633 )

    to seek alteration or modification of the express

    terms of contract providing for the nomenclature

    and mode of payment of licensee-fee etc, in view

    .

    of the broader principle mandated by the Hon’ble

    Supreme Court in the case of State of Madhya

    Pradesh and others versus Lalit Jaggi, (2008)

    10 SCC 607.

    of
    B. TERMS AND CONDITIONS OF CONTRACT ARE
    SACROCANT:

    14(i-i). rtIn executory contracts, the core principle

    is that if a contract is silent about consequences

    for non-performance then, further performance

    can be excluded but, in case, a contract spells

    out the consequences for non-performance then,

    in such eventuality, the doctrine of frustration /

    impossibility or plea of risk due to unforeseen

    circumstances is not applicable, for the reason,

    that a contracting party after having accepted

    the terms and conditions of contract can neither

    take shelter of non-performance nor can such

    a licensee invoke the plea of fairness or

    reasonableness, so as to seek amendment or

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 70 – ( 2026:HHC:26633 )

    alteration or variation in the expressed terms of

    contract between the parties, as outlined by

    the Hon’ble Supreme Court in the case of Mary

    .

    vs State of Kerala and Others, (2014) 14 SCC

    272, in following terms:

    15. From a plain reading of the aforesaid
    provision it is evident that on the
    failure of the auction purchaser to

    of
    execute the agreement whether temporary
    or permanent, the deposit already made
    by auction purchaser towards earnest
    rt money and security
    forfeited. Undisputedly, the appellant was
    money shall be

    declared as auction purchaser and, in
    fact, she had deposited 30% of the bid
    amount, that is, 7,68,600/- in terms

    of Rule 5(10) of the Rules. It is further
    an admitted position that the appellant
    did not execute a permanent agreement

    or for that matter, did not execute
    the privilege. Hence, in terms of sub-

    rule (15) of Rule 5, the money deposited
    by her is liable to be forfeited. However,

    as stated above, the appellant’s plea
    is that it was due to the facts beyond
    her control that she could not derive
    benefit from the privilege granted to
    her and hence did not run the shop.
    Therefore, the security amount deposited
    by her is not fit to be forfeited. In
    view of the aforesaid, what falls for

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 71 – ( 2026:HHC:26633 )

    our determination is as to whether
    the appellant could invoke the doctrine
    of frustration or impossibility or
    whether she will be bound by the
    terms of the statutory contract. In

    .

    other words, in case of a statutory

    contract, will it necessarily destroy all
    the incidents of an ordinary contract

    that are otherwise governed by the
    Contract Act, 1872?

    of

    18. The doctrine of frustration excludes
    ordinarily further performance where the
    contract is silent as to the position of
    the parties in the event of performance
    rt becoming literally impossible. However,
    in our opinion, a statutory contract

    in which party takes absolute
    responsibility cannot escape liability
    whatever may be the reason. In such

    a situation, events will not discharge
    the party from the consequence of

    non-performance of a contractual
    obligation. Further, in a case in

    which the consequences of non-
    performance of contract is provided

    in the statutory contract itself, the
    parties shall be bound by that and
    cannot take shelter behind Section
    56
    of the Contract Act…”.

    24. We have given our most anxious
    consideration to the submission advanced
    and we do not find any substance in
    the submission of the learned counsel

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 72 – ( 2026:HHC:26633 )

    for the appellant and the decision
    relied on by her, in fact, carves out
    an exception in case of a commercial
    transaction. The duty to act fairly is
    sought to be imported into the statutory

    .

    contract to avoid forfeiture of the bid

    amount. The doctrine of fairness is
    nothing but a duty to act fairly and

    reasonably. It is a doctrine developed
    in the administrative law field to ensure
    rule of law and to prevent failure

    of
    of justice where an action is
    administrative in nature. Where the

    rt function is quasi-judicial, the doctrine
    of fairness is evolved to ensure fair
    action. But, in our opinion, it certainly

    cannot be invoked to amend, alter,
    or vary an express term of the
    contract between the parties. This

    is so even if the contract is governed
    by a statutory provision i.e. where it
    is a statutory contract.”

    14(i-j). While dealing with the case relating to

    cancellation and resumption of plots for failure

    to pay installments or license fee, the action of

    the Respondent-Authority was upheld, by the

    Hon’ble Supreme Court in the case of Smitra

    Jain vs Haryana Urban Development Authority

    and Another, (2020) 13 SCC 465, in following

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 73 – ( 2026:HHC:26633 )

    terms:

    15. We also agree with the High Court that
    the Estate Officer did not commit any
    illegality by resuming the booth site

    .

    because the petitioner had persistently

    failed to pay the instalments of price
    despite the notices issued to her under
    Sections 17(1), (2) and (3). A ranked

    defaulter like the petitioner is not
    entitled to relief under Articles 226

    of
    or 227 of the Constitution. This is also
    the ratio of the judgments of this Court
    in Municipal Corpn., Chandigarh vs.
    Shanti
    kunj Investment (P) Ltd., State (UT
    rt of Chandigarh) v. Amarjeet Singh and

    Haryana State Agricultural Mktg. Board
    v. Raj Pal
    ….”.

    14(i-k). Based on the factual matrix and the

    discussion made hereinabove and the principles

    outlined by the Hon’ble Supreme Court in the

    cases of Har Shankar, Panna Lal, Jageram,

    Issac Peter, Narain Prasad, K. Vinayagamurthy,

    Lalit Jaggi, Mary and Smitra Jain (supra),

    this Court has no hesitation to hold that the

    Impugned Orders passed by the Respondent No

    3- Collector (Excise)-cum-Joint Commissioner of

    State Taxes and Excise Palampur, in cancelling

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 74 – ( 2026:HHC:26633 )

    the liquor license of the petitioner on 18.11.2023

    [Annexure P-2], for not-depositing the license

    fee for the months of September 2023 and

    .

    October 2023, which were payable before 7.10.2023

    and 7.11.2023 respectively and non-deposit of

    license fee thereafter till 08.11.2023 despite the

    issuance of notices and having been afforded

    of
    personal hearing, by giving him opportunities

    to deposit the unpaid license fee, being violative
    rt
    of Condition no 2.42 of the terms and conditions

    of the statutory contract contained in the Excise

    Announcements and being violative of Section

    29 of the Himachal Pradesh Excise Act 2011

    is legal, valid and is inaccordance with law.

    Even, the orders passed by the Respondent no

    1-Appellate Authority on 22.11.2023 [Annexure P-1]

    dismissing the appeal, under Section 68(2) of

    Himachal Pradesh Excise Act 2011 after giving

    opportunity to petitioner to deposit the license

    fee [even during appeal as mentioned in Para

    4 of order] is legal and valid and these orders

    do not suffer from any infirmity or illegality.

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 75 – ( 2026:HHC:26633 )

    The Question formulated [in Para 7 of

    judgement] as to whether the petitioner after

    having accepted the contract for liquor business,

    .

    can resile from or wriggle out of the express

    contractual obligations and /or otherwise evade

    liability for payment of license fee and penalty

    etc., upon the cancellation of liquor license; is

    of
    answered in the negative, for the reason, that

    the action of the petitioner in not adhering
    rt
    to the terms and conditions of contact in not

    remitting or not depositing license fee as per

    schedule, on account of hardships or unexpected

    developments or any other unfavourable conditions

    causing loss [lesser liquor rates in bordering

    State of Punjab] or recission in business cannot

    be a ground for the petitioner to wriggle out

    or resile from its contractual obligations and

    the plea of the petitioner that State Authorities

    were bound to act fairly and to consider these

    aspects is untenable. The plea of fairness cannot

    be invoked so as to modify or alter the stipulated

    conditions of contact. Accepting the plea of the

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 76 – ( 2026:HHC:26633 )

    petitioner shall lead to rewriting of contract or

    would tantamount to introducing new conditions

    is impermissible and same is outside the purview

    .

    of this Court. The petitioner has no right to

    seek creation of an obligation, upon the State

    which does not exist in the contract. Once the

    petitioner has voluntarily, freely and with open

    of
    eyes participated in an auction and acceptance

    of bid had culminated into a contract and the

    contract
    rt expressly spells out the consequences

    for non-performance [i.e. cancellation of license

    for not depositing the license fee]. Reciprocal rights

    and obligations arising out of contract do not

    depend for their enforceability upon whether a

    contracting party finds it prudent to abide by

    the terms of contract and in case, such a test

    is applied, then, no contract could ever have

    a binding force. Going by the prudence of a

    party, contrary to express mandate of a contract

    shall certainly defeat the “sanctity attached to

    the terms and conditions of contract”, can “neither

    be put to a naught nor defeated on the mere

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 77 – ( 2026:HHC:26633 )

    pretext of some events or difficulties, falling

    outside the express conditions” mandated in a

    contract. In an executory contract, there is no

    .

    guarantee for profits and no warranty against

    losses. A party, after having accepted the contract,

    cannot be permitted to blow “hot and cold” by

    enjoying the profits under the contract but in

    of
    questioning the terms and conditions when

    it comes to suffering losses. This plea cannot
    rt
    sustain, in view of the principle of “approbation

    and reprobation.” Executory contracts originate

    from the “doctrine of election”, whereby, a person

    voluntarily and out of his free will and with

    open eyes, having knowledge of the terms and

    conditions contained in the bid document [as

    reflected in Annual Excise Announcements], and

    upon acceptance of bid and grant of license,

    commences execution of work, then, the petitioner

    is bound to fulfil its obligations, by remitting

    or depositing license fee. Failure to deposit the

    license fee has validly led to the cancellation

    of license of the petitioner, for the reason, that

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 78 – ( 2026:HHC:26633 )

    in executory contracts, the State is entitled to

    its money (being excise revenue) in terms of

    the contract. Failure to deposit the license-fee

    .

    has validly resulted in cancelling the license

    on 18.11.2023 [Annexure P-2], in the light of

    Section 29 of the Himachal Pradesh Excise Act

    2011 and the Condition no 2.42 of the Excise

    of
    Announcements is inaccordance with law and

    the orders passed by Respondent no 1-Appellate
    rt
    Authority on 22.11.2023 [Annexure P-1] dismissing

    the appeal, under Section 68(2) of the Himachal

    Pradesh Excise Act, 2011 after affording two

    opportunities to the petitioner to deposit the

    license fee [even during appeal as mentioned in

    Para 4 of the order] speaks volumes of non-

    performance and inaction of the petitioner, and

    therefore, the contention of Learned Counsel for

    the petitioner is misconceived and is turned

    down. Accordingly, the Impugned Orders do not

    suffer from any perversity, infirmity and illegality

    and both the orders are upheld.

    PLEA OF FREEZING ACCOUNTS UNTENABLE:

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 79 – ( 2026:HHC:26633 )

    15. Third contention of Learned Counsel is

    that Respondents freezed the bank account of

    the petitioner on 17.11.2023, in an unfair and

    .

    illegal manner.

    The above plea cannot sustain, for the

    reason, that firstly, petitioner has not assailed

    alleged action of freezing of bank account by

    of
    Respondent no 4-cum-Deputy Commissioner Sales

    Tax andrt Excise before the Respondent no 3-

    Collector-cum-Joint Commissioner Sales Tax and

    Excise (NZ) Palampur under Section 68 of HP

    Excise Act within the stipulated period of 30

    days; and secondly, even while assailing the

    orders dated 18.11.2023 of cancelling the liquor

    license before Appellate Authority-cum-Respondent

    no 1-cum-Financial Commissioner in an appeal

    [Appeal No 08 of 2023], the petitioner has

    chosen not to assail the order of freezing his

    bank account; and thirdly, the petitioner after

    having chosen not to assail the alleged order of

    freezing of account before the statutory authorities

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 80 – ( 2026:HHC:26633 )

    under the Statute disentitles the petitioner from

    raising this plea in the instant proceedings;

    and fourthly, even otherwise and notwithstanding

    .

    the above aspects, the petitioner failed to establish

    that the action of freezing the bank account

    has prejudiced the petitioner by depriving him

    of his right to deposit the license fee {due

    of
    for the months of September 2023 and October

    2023 till the date of cancellation of license on
    rt
    18.11.2023; and fifthly, nothing has been placed

    on record in instant proceedings to assert and

    establish that though petitioner had adequate

    amount-funds in his bank account but freezing

    of bank accounts has deprived the petitioner

    of his right to deposit the unpaid license

    fee for the period in question; sixthly, even

    the conduct of the petitioner disentitles him

    for discretionary relief in instant proceedings,

    for the reason, that a perusal of the appellate

    order dated 22.11.2023 [Annexure P-1], reveals

    that though the appellate authority had granted

    two opportunities to the petitioner to deposit

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 81 – ( 2026:HHC:26633 )

    the license fee but the petitioner had expressed

    his inability to deposit the license-fee and the

    petitioner had nowhere asserted and established

    .

    (by placing material on record) that his inability

    to deposit the license fee was solely due to

    freezing of bank account(s) ; and seventhly, the

    plea of freezing bank account appears to be

    of
    an afterthought, when, on query by this Court,

    Learned State Counsel has apprised this Court
    rt
    that bank accounts, allegedly freezed temporarily,

    have very meagre amount. Pertinently, in case

    alleged freezing of accounts had adversely affected

    him or had come in the way of the petitioner

    to deposit the license fee and the petitioner

    really intended to deposit the arrears of license

    fee, in that eventuality, the petitioner would

    have come up clean and clear before this Court

    by showing his bonafides, undertaking to deposit

    the license-fee liability but for alleged freezing

    of accounts. Absence of these material aspects

    and the conduct of the petitioner disentitles

    him for discretionary relief in writ proceedings;

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 82 – ( 2026:HHC:26633 )

    and eighthly, it is admitted case of the petitioner

    that he was allotted Unit No 3 Santoshgarh,

    for a total license fee of Rs 9,20,00,000/- for

    .

    financial year 2023-24 on 18.03.2023 and though

    the petitioner has remitted the license fee till

    June 2023 but the license fee for the month

    of September 2023 payable before 7.10.2023 and

    of
    license fee for month of October 2023 payable

    before 7.11.2023 and the license fee thereafter

    till
    rt
    08.11.2023 remained unpaid. Material on

    record indicates that the petitioner was given

    personal hearing by the Respondent No 3 on

    9.11.2023, 10.11.2023, 15.11.2023 and 16.11.2023,

    directing him to deposit the unpaid license fee

    to the State Authorities and lastly, the action

    of the State Authorities in freezing the bank

    account, in peculiar fact-situation of the instant

    case, as so as to safeguard the “excise revenue”

    in the teeth of Sections 71 and 73 and to

    protect “interests of the State” and for attaining

    the objective of HP Excise Act/Rules and Excise

    announcements and the terms of contract-license,

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 83 – ( 2026:HHC:26633 )

    due to the non-cooperative attitude and conduct

    of the petitioner in not discharging his contractual

    obligation, by not depositing the unpaid amount

    .

    of license fee, for which, the State Authorities

    had issued various notices and afforded personal

    hearings and granted opportunities to deposit the

    license fee, but in vain. In these circumstances,

    of
    the action of the State Authorities being fair

    and valid does not warrant any interference, in
    rt
    instant proceedings.

    PLEA OF NOT TAKING ACTION AGAINST
    OTHER DEFAULTERS UNTENABLE-NEGATIVE
    PARITY-IMPERMISSIBLE:

    16. Fourth contention of the Learned Counsel

    for the petitioner is that the State Authorities

    have discriminated the petitioner as no action

    was taken against other defaulters in Una District

    and elsewhere who have not deposited the license

    -fee.

    The above plea, is devoid of any merit,

    for the reason, that the contractual obligations

    arising out of the contract are binding inter-se

    the parties. Plea of the petitioner that no action

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 84 – ( 2026:HHC:26633 )

    was taken against other alleged similar defaulters

    who had not deposited license fee cannot be

    sustain, in view of the fact that the equality

    .

    in Article 14 of the Constitution of India does

    not envisage negative equality. Illegality cannot

    be permitted to be perpetuated. In contracts,

    reciprocal rights and obligations of the parties

    of
    inter-se are strictly governed by the terms and

    conditions of contract. Article 14 cannot apply
    rt
    in a negative manner. The contention of Learned

    Counsel for the petitioner is not tenable in view

    of the mandate of the Hon’ble Supreme Court in

    State of Orissa and Another vs Mamata Mohanty,

    (2011) 3 SCC 436, in following terms:-

    56. It is a settled legal proposition that
    Article 14 is not meant to perpetuate

    illegality and it does not envisage negative
    equality. Thus, even if some other

    similarly situated persons have been
    granted some benefit inadvertently or
    by mistake, such order does not confer
    any legal right on the petitioner to get
    the same relief…”

    16(i). While dealing with plea on cancellation

    of license or allotment for failure to pay the

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 85 – ( 2026:HHC:26633 )

    installments or license fee, without taking action

    against other defaulters, the claim for equality

    was repelled, by the Hon’ble Supreme Court in

    .

    Dalip Singh and Others v. State of Haryana

    and Others, (2019) 11 SCC 422, in the following

    terms:

    19. All the judgments relied upon by the

    of
    appellants are distinguishable on facts.

    Even assuming that for some other
    allottees, order of resumption of
    rt plot had been quashed/cancelled, the
    appellants cannot claim equality of
    treatment. Article 14 is a positive

    concept and cannot be enforced by
    a citizen in a negative manner. In
    State of Orissa and another v. Mamata

    Mohanty (2011) 3 SCC 436….”

    56. It is a settled legal proposition

    that Article 14 is not meant
    to perpetuate illegality and it does

    not envisage negative equality.
    Thus, even if some other similarly

    situated persons have been granted
    some benefit inadvertently or by
    mistake, such order does not
    confer any legal right on
    the petitioner to get the same relief.

    AFTER CANCELLATION OF LICENSE SAME
    WAS ALLOTTED TO ANOTHER ILLEGALLY

    -MISCONCEIVED:

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 86 – ( 2026:HHC:26633 )

    17. Fifth contention of Learned Counsel for

    the petitioner that after the cancellation of

    liquor license of the petitioner on 18.11.2023,

    .

    the State Authorities have allotted/re-allotted the

    retail license to the Respondent No. 5 illegally,

    by a backdoor procedure.

    The above plea cannot sustain, for

    of
    the reason, that a perusal of Paras 17 (D) &

    (E) of the Reply-Affidavit negates this contention
    rt
    as Condition no 3.26 of Excise Announcements

    2023-24 indicates that in the event of cancellation

    of retail license during the currency of the

    year, the Collector Excise may re-allot it to an

    eligible allottee, and therefore, in this backdrop,

    Respondent No 5 was re-allotted the unit just

    to prevent loss in government revenue by adopting

    a transparent manner as per procedure, in the

    following terms:

    17D. That the facts of this sub-para are
    unsubstantiated and contrary to the
    provisions of the law hence denied. As
    per condition No. 2.42 of the Excise
    Announcements for the year 2023-24 the
    Zonal In- charge has power to cancel

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 87 – ( 2026:HHC:26633 )

    the license within three days positively
    in case licensee fails to pay the monthly
    license fee in time i.e. by the 7th day
    of the subsequent month. Further as
    per Condition No. 3.26 of the Excise

    .

    Announcements 2023-24 in the event

    of cancellation of retail license during
    the currency of the year the Collector

    (Excise) may re-allot it as per the directions
    of the Financial Commissioner (Excise).
    Therefore, the cancellation of license

    of
    granted to the petitioner and its further
    re-allotment to Respondent No. 5 has
    been carried out as per the mandate of
    rt
    the Excise Act, 2011 and the policy
    framed thereunder. It is also submitted

    that the trade in liquor is not a fundamental
    right of the Petitioners and the Government
    has exclusive privilege to make rules

    regarding the trade in liquor. For each
    Financial Year, the Excise Policy is approved
    by the Cabinet and Excise Announcements

    are issued by the State Government for
    grant of liquor license. All the types of

    levies to be paid by the licensee to the
    State Government are lucidly delineated

    in the announcements alongwith the
    timelines for payment thereof. The Petitioner
    is bound to have gone through the contents
    of the Excise Announcements before opting,
    on their own volition, to run the Excise
    Vends and once they have been granted
    the license, it becomes mandatory for
    them to comply with all the terms and

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 88 – ( 2026:HHC:26633 )

    conditions laid therefor in the Excise
    Announcements for the Year 2023-24.

    E. That the averments made in this sub-

    para are not legally tenable, hence denied.

    .

    The license cannot be permitted to

    play with Government Revenue on the
    pretext that he is suffering losses. The
    re-allotment of Unit allotted to the petitioner

    in favor of Respondent No.5 was done
    as per the provisions of law. The claim

    of
    of the petitioner that respondent No.
    5 was given back door entry on a
    lower bid is totally frivolous done with
    rt a purpose to hoodwink this Hon’ble Court.

    The unit was re-allotted by auction-cum-
    tender as per the procedure prescribed

    in a completely transparent manner.”

    In these circumstances, the action of

    the State Authorities in re-allotting the Unit No

    3 of Santoshgarh to Respondent No 5 in terms

    of Condition No 3.26 of the Excise Announcements

    Annexure P-4 /R-1, does not suffer from illegality

    or infirmity. Moreover, during the pendency of

    the instant petition, the petitioner has chosen

    to delete the Respondent no 5, and that being

    so, petitioner is estopped to lay challenge to

    the reallotment of unit to Respondent no 5 behind

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 89 – ( 2026:HHC:26633 )

    her back. Accordingly, this plea is bound to fail

    and ordered accordingly.

    CHALLENGE TO CONDITION NO 2.42 OF
    EXCISE ANNOUNCEMENTS MISCONCEIVED:

    .

    18. Contention of Learned Counsel for the

    petitioner that Condition no 2.42 of Annual Excise

    Announcements for 2023-2024 [Annexure P-4] is

    of
    arbitrary, illegal and unconstitutional is wholly

    misconceived and same cannot sustain, when,

    the
    rt
    petitioner has failed to point out as to

    why and on what basis, the aforesaid condition

    is arbitrary, illegal and unconstitutional. Bald

    averments cannot be a ground to sustain such

    challenge. In absence of any manifest arbitrariness

    or inherent illegality or unconstitutionality, the

    challenge to this condition cannot sustain, and

    moreso, when, the petitioner has accepted such

    conditions and has commenced performance and

    has deposited the license fee as per schedule

    but the inability to deposit the license fee from

    September 2023 and October 2023 and thereafter,

    due to hardships, inconvenience or loss-recission

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 90 – ( 2026:HHC:26633 )

    in business or any other like factors, outside

    and beyond the express terms and conditions

    of contract cannot be a ground to show indulgence

    .

    in the instant case. Accordingly, this plea also

    fails.

    CONTENTIONS OF LEARNED STATE COUNSEL :

    19. Per contra, the matter was argued by Mr

    of
    Anup Rattan, Learned Advocate General, assisted

    by Mr. Sushant Keprate Learned Additional Advocate
    rt
    General, who has supported the Impugned Orders

    passed by statutory authorities inaccordance with

    law, by referring to the various provisions of

    the Act, the Excise announcements and the

    mandate of law as has been discussed here-in-

    above.

    CONCLUSION IN CWP No 9721 of 2023 :

    20. Sequel to above discussion, the orders

    dated 18.11.2023 [Annexure P-2], passed by

    the Respondent no 3- Collector (Excise)-cum-Joint

    Commissioner of State Taxes and Excise, North

    Zone, Himachal Pradesh, Palampur, in cancelling

    the liquor license granted in Form L-2/L-14/

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 91 – ( 2026:HHC:26633 )

    L-14S to the petitioner; and the order dated

    22.11.2023 [Annexure P-1], dismissing the appeal

    filed under Section 68(2) of the Himachal Pradesh

    .

    Excise Act 2011 and the order freezing the bank

    account; and action of reallotting the cancelled

    unit and the challenge to condition no 2.42 of

    Excise Announcement [Annexure P-4] does not suffer

    of
    from any perversity, infirmity or illegality; and

    the Impugned Orders and actions of the State
    rt
    Authorities are upheld.

    ANALYSIS OF CONTENTIONS IN CWP No 115 of
    2024

    21. Sanjeev Kumar and three others, have

    assailed the final notice issued by the Respondent

    No 4- Deputy commissioner Sales Taxes and Excise

    issued on 30.11.2023 [Annexure P-1] pointing out

    a liability on account of license fee and penalty

    of Rs 2,80,60,881/, in the capacity of them, being

    partners of M/s Kanda Wines (petitioner in connected

    CWP No 9721 of 2023, M/s Kanda Wine vs State

    of Himachal Pradesh and others}. It was averred

    that the Respondent No 5, namely Arun Kumar,

    (in present writ petition} was allotted liquor license

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 92 – ( 2026:HHC:26633 )

    on 18.03.2023 for a license fee of Rs 9,20,00,000/-

    whereas partnership deed alleged to have been

    executed on 22.03.2023 [Annexure P-2] was never

    .

    executed by the petitioners and alleged partnership

    deed was falsely and illegally prepared by the

    Respondent No 5 and same was not binding on

    petitioners herein. It was averred that as per the

    of
    Condition no 2.46 of the Excise Announcements,

    Collector of the zone was bound to incorporate
    rt
    factum of partnership in the license deed/allotment

    letter which was not done. It was averred that the

    petitioners were neither aware of any proceedings

    nor any orders having been passed by department

    against the Respondent No 5, Arun Kumar.

    22. Per contra, based on the stand in the

    Reply-Affidavit dated 20-3-2024 of Commissioner

    State Taxes and Excise Himachal Pradesh, Learned

    Advocate General stated that petitioners have not

    availed statutory remedy of appeal under Section

    68 of the HP Excise Act, 2011 against the final

    notice dated 30.11.2023. [Annexure P-1], passed by

    Deputy Commissioner, State Taxes & Excise, Una,

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 93 – ( 2026:HHC:26633 )

    i.e. Excise Officer within 30 days before Respondent

    no 3 i.e. Collector-cum-Joint Commissioner, State

    Taxes & Excise, North Zone, Palampur and therefore

    .

    the writ petition was not maintainable.

    22(i). Learned Advocate General based on reply,

    further submits that Respondent No 5-Arun Kumar

    had presented the partnership deed duly signed

    of
    by all partners in office of Deputy Commissioner,

    State Taxes & Excise, Una on 22.03.2023, before
    rt
    the commencement of business which was carried

    out with effect from 01.04.2023 in the name of

    M/s Kanda Wines. It is submitted that petitioners

    did not at any point of time object to or brought

    to the notice of the authorities that the partnership

    deed was illegal and they had not affixed their

    signatures on the aforesaid deed.

    22(ii). Learned Advocate General further submits

    that reliance placed by the petitioner on Condition

    No 2.46 of Excise Announcements was not applicable

    in the instant case, as it relates to addition or

    deletion of partners during the currency of license

    period. Learned Advocate General further submits

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 94 – ( 2026:HHC:26633 )

    that in terms of Condition No 2.12 of Excise

    Announcements 2023-24, all the partners of the

    firm shall be jointly and severally liable to meet

    .

    the liabilities. It was submitted that petition is an

    afterthought and once the petitioners have enjoyed

    privileges of the liquor business from 01.04.2023

    to 30.11.2023 for about eight months but when

    of
    it came to recovering the license fee and penalty,

    then, instant petition wass filed just to deprive the
    rt
    State of its Government dues.

    CONCLUSION IN CWP 115 of 2024

    23. Considering contentions of Mr. Subhash

    Sharma. assisted by Mr. Prantap Sharma and

    Mr. Anup Rattan Learned Advocate General assisted

    by Mr. Sushant Keprate for the Respondents-

    State and Mr. H S Rana Learned Counsel for

    the Respondent No 5 (Arun Kumar), this Court

    in view of the discussion made hereinafter; is

    of the considered view, that seriously disputed

    questions of facts and law are involved, which

    cannot be conclusively adjudicated, without enabling

    the parties to assert and establish a right

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 95 – ( 2026:HHC:26633 )

    (by adducing evidence or otherwise) inaccordance

    with law, for the reason, firstly, it is the case

    of the petitioners that partnership deed dated

    .

    22.03.2023 [Annexure P-2] was never executed

    by them but the said deed been falsely executed

    prepared by the Respondent no 5 (Arun Kumar);

    and secondly, partnership deed dated 22.03.2023

    of
    being falsely prepared by respondent no 5 was

    not binding on the petitioners; and thirdly, the
    rt
    fact as to whether a person (Respondent no 5-

    Arun Kumar) who bids in an individual capacity

    after acceptance of bid can be allotted the

    tender -license in the capacity of a partnership

    deed, as done in instant case, behind the back

    of the petitioners and that too when, partnership

    deed is disputed; and fourthly, whether the State

    Authorities could grant the liquor license to

    partnership firm i.e. M/s Kanda Wine {petitioner

    in connected writ petition, CWP No 9721 of 2023

    through Shri Arun Kumar Respondent no 5 in

    CWP No 115 of 2024] without intimating the

    factum of grant of license to them in capacity

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 96 – ( 2026:HHC:26633 )

    of partners, [in the light of Rule 4 (d) and Rule

    6 of Himachal Pradesh Liquor License Rules 1986

    and Condition no 2.9 of Excise Announcements]

    .

    behind their back; and fifthly, the validity of the

    alleged partnership deed dated 22.03.2023 needs

    to be looked into; and sixthly, though Learned

    State Authorities have taken a stand in reply

    of
    that once the petitioners after having reaped the

    fruits of the partnership deed dated 22.03.2023

    [Annexure
    rt P-2] then, they cannot turn around

    and question the same, cannot be accepted on

    its face value, when, nothing has been placed

    on record by the State Authorities to indicate

    that the petitioners in capacity of partners have

    accepted and reaped the fruits of partnership.

    In these circumstances, these disputed questions

    of facts and law, need to be ascertained and

    established in appeal ; and seventhly, unless and

    until the veracity of the alleged partnership deed

    is adjudicated upon, Final Notice dated 30.11.2023

    [Annexure P-1] cannot be permitted to operate,

    as it would lead to travesty of justice, by making

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 97 – ( 2026:HHC:26633 )

    the petitioners to face huge liability of license

    fee in lastly, in facts of instant case, even the

    State authorities have taken an objection that

    .

    the petitioners have a remedy of appeal under

    Section 68 of the Act against the issuance of

    Final Notice dated 30.11.2023 [Annexure P-1] and

    enabling the petitioners to file an appeal, so

    of
    that the factual and legal issues, as indicated

    above, were adjudicated by the appellate authority,
    rt
    inaccordance with law.

    24. Consequently, for the reasons in Para

    23 (supra) and the seriously disputed questions

    of facts and law, {in CWP No 115 of 2024},

    this Court disposes of the present writ petition,

    with the direction to the petitioners to file an

    appeal, if so desired, before the Appellate Authority

    under Section 68 of Himachal Pradesh Excise

    Act, against issuance of Final Notice 30.11.2023

    [Annexure P-1]; and in case, such an appeal

    is filed within 30 days from today; the Appellate

    Authority shall decide the appeal, on merits,

    after associating the petitioners as well as the

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 98 – ( 2026:HHC:26633 )

    Respondents 1 to 5 and all others, if any,

    inaccordance with law on or before 15.10.2026;

    and Till the decision as aforesaid, the State

    .

    Authorities shall not take any coercive action

    against the petitioners {in CWP No 115 of 2024}

    pursuant to the Final Notice dated 30.11.2023

    [Annexure P-1], in view of interim orders passed

    of
    by this Court on 09.01.2024.

    25. No other point was argued/raised.

    rt DIRECTIONS:

    26. In view of above discussion and for

    reasons recorded hereinabove, the writ petition,

    CWP No 9721 of 2023 is dismissed ; and the

    connected writ petition, CWP No 115 of 2024 is

    disposed of, in following terms:

    (i). Civil Writ Petition, CWP No 9721
    of 2023, titled as M/s Kanda Wine

    versus State of Himachal Pradesh
    and others, is dismissed;

    (ii). Impugned Orders dated 18.11.2023
    [Annexure P-2] passed by Respondent
    no 3, cancelling the liquor license
    of the petitioner and orders dated
    22.11.2023 [Annexure P-1] passed by

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 99 – ( 2026:HHC:26633 )

    Appellate Authority-Respondent no 1
    dismissing the appeal, are upheld;

    (iii). Challenge to the freezing orders and
    condition no 2.42 of Annual Excise

    .

    Announcements [Annexure P-4] being
    devoid of merit, are declined;

    (iv). Upon dismissal of CWP No. 9721
    of 2023, the State Authorities are

    of
    at liberty to proceed against the
    petitioner, M/s Kanda Wine, if so
    desired, for the recovery of unpaid
    rt license-fee inaccordance with Section
    71
    of the Himachal Pradesh Excise

    Act and law, hereinafter;

    (v). Civil Writ Petition, CWP No 115 of

    2024, titled as Sanjeev Kumar and
    others, is disposed of ;

    (vi). Sequel to direction no (iv), petitioners

    in CWP No 115 of 2024, are directed
    to file an appeal, if so desired,

    under Section 68 of the Act, against
    the Final Notice dated 30.11.2023
    [Annexure P-1], within 30 days from
    today; and

    (vii). Upon filing of appeal, the Appellate
    Authority shall decide the same,
    on merits, and in accordance with

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS

    – 100 – ( 2026:HHC:26633 )

    law, on or before 15.10.2026, after
    associating the petitioners as well
    as the Respondents 1 to 5 and all
    concerned, if any;

    .

    (viii).Needless to say, that till decision
    of appeal, the Final Notice dated
    30.11.2023 [Annexure P-1], shall be

    kept in abeyance [refer Para 23] and
    orders dated 09.01.2024 passed by

    of
    this Court;

    (ix). Subject to outcome of appeal as in
    rt directions no (iv) to (vi) supra, State
    Authorities shall be free to proceed

    against the petitioners in CWP No
    115 of 2024, inaccordance with law;

    (x). Parties shall bear respective costs ;

    In the aforesaid terms, both the writ

    petitions and all the pending applications, if any,

    shall accordingly, stand disposed of.

    (Vivek Singh Thakur)
    Judge

    (Ranjan Sharma)
    Judge

    July 06, 2026.

    [Shivender]

    ::: Downloaded on – 06/07/2026 20:35:05 :::CIS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here