M/S Kalta Spirits L-13 Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

M/S Kalta Spirits L-13 Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to file afresh in accordance with law challenging the respondents' actions conveyed in the office instructions dated 21.04.2026; pending miscellaneous application(s), if any, disposed of.

Issue for consideration

Whether a writ of mandamus should issue to immediately renew the petitioner's Form L-13 licence and issue her passes for supply of country liquor to the Form L-14/L14A retail vends. +3 more

Ratio / Principle

The Court granted permission to the petitioner to withdraw the writ petition with liberty to file afresh in accordance with law to lay challenge to the actions of the respondents conveyed in the office instructions dated 21.04.2026, and disposed of the petition as withdrawn, with pending miscellaneous application(s), if any, also standing disposed of.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Single Judge - Ms. Justice Jyotsna Rewal Dua); CWP No. 5359 of 2026, decided on 21.04.2026. M/s Kalta Wines L-13 (petitioner) versus State of H.P and others (respondents). The writ petition sought (i) a mandamus for immediate renewal of the petitioner's Form L-13 licence and issuance of her passes for supply of country liquor to Form L-14/L14A retail vends, (ii) immediate manual/online passes pending renewal as per practice since 2018, and (iii) compensation for losses caused by non-issuance of passes and non-renewal of the licence despite deposit of licence fee of Rs.40.00 Lakhs. Pursuant to notice issued on 17.04.2026, the learned Additional Advocate General placed on record office instructions dated 21.04.2026 of the Commissioner of State Taxes & Excise, H.P., conveying that the Council of Ministers (vide memorandum dated 08.04.2026) had accorded permission for allotment of wholesale vends to H.P. Civil Supply Corporation for FY 2026-27, that other wholesale licences (L-1/L-13) shall be cancelled with immediate effect with refund of the fixed licence fee on pro-rata basis for District Shimla, and that consequent action taken w.e.f. 11.04.2026 to 17.04.2026, with the petitioner apprised through the online portal, was the reason her licence was not renewed for FY 2026-27. Senior counsel noted that no formal order rejecting renewal had been passed and sought permission to withdraw the petition with liberty to file afresh against these actions. Granting such permission, the Court disposed of the petition as withdrawn; pending miscellaneous application(s), if any, also stood disposed of.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 5359 of 2026 Decided on: 21.04.2026

M/s Kalta Wines L-13 …..Petitioner

Versus

State of H.P and others

.....Respondents

Coram

Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?¹

For the Petitioner: Mr. Sunil Mohan Goel, Senior Advocate with Mr. Abhijeet Singh Chauhan, Advocate.

For the Respondents: Mr. L.N.Sharma, Additional Advocate General.

Jyotsna Rewal Dua, Judge

This writ petition has been filed for grant of following substantive reliefs:-

“(i) That this Hon’ble Court may kindly issue a writ of mandamus to immediately renew the Form L-13 License of the petitioner and issue her passes for supply of Country Liquor to the Form L-14/L14A Retail Vends.

(ii) That this Hon’ble Court may be pleased to issue writ of mandamus directing the respondent that in case all the formalities of the petitioner stands fulfilled and renewal of the license is to take time then the petitioner may be issued manual/online passes immediately as was the practice/precedent from the year 2018 when for the first time the petitioner was issued L-13 License.

(iii) That this Hon’ble Court may be pleased to direct the respondents to pay to the petitioner the losses suffered, by not issuing the passes and

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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further by not renewing the Form L-13 License despite the fact that the license fee of Rs.40.00 Lakhs stood deposited.”

2. Pursuant to the notice issued in this matter on

17.04.2026, learned Additional Advocate General has placed on record office instructions dated 21.04.2026 from Commissioner of State Taxes & Excise, H.P. The instructions inter alia convey that the matter of renewal of licenses vide memorandum dated 08.04.2026 was placed before Council of Ministers, who accorded permission for allotment of wholesale vends to H.P. Civil Supply Corporation for financial year 2026-27 and other wholesale licenses (L-1/L-13) shall be cancelled with immediate effect and the fixed license fee be refunded on pro-rata basis accordingly with respect to District Shimla. The office instructions further convey that after the aforesaid approval from the Council of Ministers, further action was taken by the respondents w.e.f. 11.04.2026 to 17.04.2026 and the petitioner was accordingly apprised through online portal and for this reason, petitioner’s license was not renewed for financial year 2026-27.

3. Learned Senior Counsel for the petitioner submits that no formal order has been passed by the respondents rejecting renewal of petitioner’s license for financial year 2026-27. However, in view of decision taken

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by the Council of Ministers as conveyed by respondents in the aforesaid office instructions dated 21.04.2026, the petitioner be permitted to withdraw this writ petition with liberty to file afresh in accordance with law for laying challenge to the actions of the respondents as conveyed in the aforesaid office instructions.

4. Granting such permission, present petition is disposed of as withdrawn. Pending miscellaneous application(s), if any, shall also stand disposed of.

April 21, 2026 yogesh

Jyotsna Rewal Dua Judge