Govt action subject to outcome of pleas challenging New Excise Policy: Delhi HC

The Delhi High Court said the action taken by the Delhi government pursuant to its New Excise Policy 2021 will be subject to the outcome of petitions challenging the new regime.

New Delhi:The Delhi High Court on Friday said the action taken by the Delhi government pursuant to its New Excise Policy 2021 will be subject to the outcome of petitions challenging the new regime.

A bench of Chief Justice D N Patel and Justice Jyoti Singh refused to pass an interim order of stay on applications moved by Readymade Plaza India Pvt Ltd, a group of retail liquor vendors, and Anita Choudhary, a wholesale licensee, whose petitions against the new policy are pending adjudication.

“It (government action) will be subject to the writ petition,” said Chief Justice Patel who clarified that the applications would be heard along with the main petitions. As counsel for one of the petitioners urged the court to record the statement in the order, the judge responded, “We will see. It is always subject (to court orders)”.

The court said that hearing the application for a stay would be as good as hearing the main challenge. While Readymade Plaza objected to the opening of financial bids under the new policy, Choudhary's grievance was against government notification calling for applications for grants of licenses.

Senior advocate Abhishek Manu Singhvi, representing the Delhi government, argued that the petitioners could not be allowed to press for a fresh stay at each step of the implementation of the policy when the court had earlier refused to interfere with the process.

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“They pressed for a stay. Stay was refused (after hearing the counsel). At each stage, they will file a fresh application?” Singhvi questioned. Several petitions are pending before the court against the New Excise Policy. The court had, last month, refused to stay the new Excise Policy on the petition by Readymade Plaza India Pvt Ltd which contended that the new regime would lead to complete monopoly of the few big players.

Choudhary challenged the eligibility criteria of having at least five years' experience for applying of an L-1 wholesale liquor license under the policy and had contended that the policy was beyond the rule-making power of the government under the Delhi Excise Act and violated Article 14 of the Constitution of India.

Delhi government stated that its new Excise Policy 2021-22 aimed at minimizing corruption and providing fair competition in the liquor trade and that all apprehensions against it were only fanciful. The AAP government had said that there was a full-scale assault on it and that a reply would be filed to make its stand clear. The court will hear pleas against the New Excise Policy next on August 9.

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PTI