The Delhi High Court has said that the licence of a liquor vend cannot be cancelled on account of “public sentiment” being opposed to its location. Justice Yashwant Varma said that the grant of license under the excise law is not subject to “public sentiment” and unless the license is shown to be contrary to the legal provisions, the same cannot be cancelled. “Unless the license of the liquor vend is shown to fall foul of any statutory provision or otherwise established to be in violation of any rule or regulation, the same cannot possibly merit cancellation merely because “public sentiment” may be opposed to its location. Public opinion or sentiment is not a factor relevant or germane under the Act for locating a liquor vend”. It was dealing with the excise department's challenge to the restoration of M/S 2 Bandits Restaurant's excise license by the Financial Commissioner. The petitioner Dept challenged the order on the ground that the Delhi Excise Act conferred ample power on the competent authority to cancel a license granted “for any reason whatsoever”.
Justice Varma dismissed the petition and said that the expression “for any reason whatsoever” cannot be recognised as empowering the authorities to cancel a license on grounds that are not contemplated under the law and the department, acting as a public authority, is obliged to act fairly and not whims.