On Thursday, the High Court of Delhi issued notice to the Govt of NCT Delhi over the petitions moved by several liquor vendors challenging order by which the Excise Department of Delhi, has prohibited the issuance or grant of discounts, rebate, concessions by the retail licensees on alcohol brands in view of reports of overcrowding outside vends & the existing threat of COVID-19.
On Thursday, the Bench of Justice V Kameshwar Rao sought the response from the Delhi Govt & posted the matter for March 7, 2022, for a detailed hearing.
Senior Lawyer appearing for the petitioners submitted that vendors here are valid L 7Z license holders state that in June 2021, the Delhi government has approved the new Delhi Excise policy for 2021-2022 & the policy & the tender expressly permit grant of discounts by the retail licensees.
Clause 4.1.9 (viii) of the policy in its last line states "The licensee is free to give concession, rebate or discount on the MRP." Similarly, Clause 3.5 .1 of the tender in its last line states "The licensee is free to give concession, rebate or discount on the MRP", the plea said.
Advocates Sanjay Abbot, Tanmaya Mehta & Honey Uppal for the petitioner stated that the actions of the respondent are arbitrary, manifestly, arbitrary, disproportionate, discriminatory & violative of the petitioner's fundamental rights under Article 14 of the Constitution of India. & no opportunity of being heard was given before withdrawing commercial clauses having an impact on the civil rights of licensees. There has been a total breach of natural justice, said the petition.
The impugned decision of the respondent completely takes away the petitioner's right to make business decisions with regards to discounts, concessions, rebates which the petitioners were otherwise empowered to take under the new Excise policy & tender documents.
'Clauses' such as giving discounts formed an essential part of the new Excise policy scheme. Hence, the impugned to discontinue or withdraw an important clause is in complete contradiction to the letter & spirit of the Excise Policy, the plea added.
Further, the decision of the respondent of passing the impugned order after taking huge license fees leaves the petitioners high & dry because the petitioners had decided to participate in the bidding process only after relying on the clauses of the tender.
Therefore, prohibition of discounts contrary to clauses of the tender & of the excise policy amounts to impermissibly changing the essential nature of the policy by the respondent & it would cause huge losses to the petitioners, the plea read.
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