Objections Selective Jammu Kashmir High Court Liquor Vend Operate

The Jammu and Kashmir and Ladakh High Court has cancelled an order stopping the operations of a liquor vend in Jammu’s Gandhi Nagar where residents alleged that intoxicated persons and rising criminal activity made it difficult for women to move freely in the evenings.

Justice Sanjay Parihar observed that the approach adopted by the Excise Department reflected an apparent inconsistency, and said the objections were “selective”, noting that several other liquor outlets operated nearby. “The conduct of the residents in selectively questioning the liquor vend in issue, while not raising comparable objections against similarly situated establishments, cannot be appreciated,” the August 20 order said.

The order added that the petitioner, having emerged as the successful bidder in an auction conducted by the Excise Department, was entitled to “fair and non-discriminatory treatment” in accordance with the applicable policy.

The case arose from a liquor vend in the Jammu Municipal Corporation (JMC) ward, Gandhi Nagar. The vend had operated from the same premises during 2024-25 and 2025-26. The petitioner won the e-auction for the location, but the authorities asked him to shift the vend elsewhere after residents objected to its operations and claimed that it was a residential area.

While some residents questioned the operation of the said vend, other residents also challenged the functioning of other liquor vends in the area. The operation of the liquor vend was alleged to be causing nuisance in the locality, particularly during the evening, making it difficult for women to move freely on account of the presence of inebriated persons and the alleged increase in undesirable and criminal activities.

The landlord, earlier licensee, and the successful bidder challenged the court’s decision to prevent the vend from operating on the premises. The successful bidder also challenged the direction requiring him to find an alternative location and, later, the show-cause notice proposing cancellation of his bid.

For 2026-27, the successful bidder argued that the same location had been used for the previous two financial years and, under the Excise Policy, a fresh No-Objection Certificate (NOC) was not required for premises from which the vend had operated during the preceding financial year.

The Excise Department, meanwhile, acknowledged that a fresh NOC was not required but the residents’ objection led them to ask to shift the vend. Since he did not do that, the department initiated proceedings to cancel his bid.

The court said the argument that the wine shop is situated in an exclusively residential area did not reflect in the Excise Department‘s status report filed in the wake of the court’s directions.

The report records that the wine shop was already operational from the premises during previous financial years, and that commercial establishments, including Nathu Sweet Shop, presently stated to be Ganpati Food Junction, and KFC, are operating in or around the same premises/locality, the court noted.

The judge held that the deputy commissioner’s communication preventing the vend from operating at the premises could not be sustained and cancelled it. It directed the authorities to allow the successful bidder to avail the benefits of the bid to its logical conclusion in accordance with the Excise Policy, 2026-2027.

Somya Panwar is a legal journalist at The Indian Express (Digital), where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More