Jammu and Kashmir High Court
OWP/1156/2009 of TRISHUL BOTTLERS Vs STATE TH.EXCISE DEPTT AND ORS on 30 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1222/2009 in OWP No. 1156/2009 OWP No. 1264/2009 Devans Modern Breweries Ltd. …. Appellant(s)/Petitioner(s) Through :- Mr. R.K. Gupta, Sr. Advocate with Ms. Khayati Sharma, Advocate in OWP No. 1222/2009. Mr. Pranav Kohli, Sr. Advocate
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Devans Modern Breweries Ltd.
…. Appellant(s)/Petitioner(s)
Through :- Mr. R.K. Gupta, Sr. Advocate with Ms. Khayati Sharma, Advocate in OWP No. 1222/2009.
Mr. Pranav Kohli, Sr. Advocate with
Mr. Vastav Sharma, Advocate in OWP NO. 1156/2009.
V/s
…. Respondent(s)
State of J&K and Ors.
Through :- Mr. K.D.S Kotwal, Dy. AG.
Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
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ORDER
30.12.2022
OWP No. 1222/2009
With the consensus of the learned counsel for the parties, the aforesaid writ petition is taken up for final disposal at this stage.
Mr. K.D.S. Kotwal, learned Dy. AG along with the concerned Excise Commissioner is present in Court, who submits that the Government is in the process of formulating the Excise policy for manufacture/ issuance of transport permits/ sale in respect of the JK Special Whisky. The Excise Commissioner, present in person, has assured the Court that the policy will be framed on or before 31.03.2023 and till the next policy is framed by the Government in this regard, he assures the Court that the respondents will not give effect to Annexure-A vis-à-vis Communication No. 01-D-2. dated 18.05.2005 which relates to functioning of erstwhile Distilleries/ Bottling plants in the state manufacturing of JK Desi Whisky.
In the light of the statement made by the concerned Excise Commissioner, who is present in person and the learned counsel for the parties, the instant writ petition bearing No. OWP No. 1222/2009 does not survive for further adjudication and the same is disposed of as indicated above.
OWP No. 1156/2009
With the consensus of the learned counsel for the parties, the aforesaid writ petition is taken up for final disposal at this stage.
Mr. K.D.S. Kotwal, learned Dy. AG along with the concerned Excise Commissioner is present in Court, who submits that the Government is in the process of formulating the Excise policy for manufacture/ issuance of transport permits/ sale in respect of JK Special Whisky. The Excise Commissioner, present in person, has assured the Court that the policy will be framed on or before 31.03.2023 and till the next policy is framed by the Government in this regard, he assures the Court that the respondents will not give the effect to Annexure-A vis-à-vis Communication No. 01-D-2. dated 18.05.2005 which relates to the functioning of erstwhile Distilleries/ Bottling plants in the state manufacturing of JK Desi Whisky.
In the light of the statement made by the concerned Excise Commissioner, who is present in person and the learned counsel for the parties, the instant writ petition bearing No. 1156/2009 does not survive for further adjudication and the same is disposed of as indicated above.
Registry to segregate the matter and list separately on 14.02.2023.
Meanwhile, the petitioner shall be allowed to continue on the basis of interim order passed by this Court which will remain in operation till the new policy is framed by the Government.
(Wasim Sadiq Nargal) Judge
Jammu: 30.12.2022 Neha-1