In the appeal filed by the state government and Excise Commissioner, it was stated that the reasons given by the single judge permitting bars in four-star hotels and heritage hotels were "untenable and unsustainable".
The judge had also 'diluted' the Excise policy of the government which was announced after a series of deliberations and discussions, it was submitted.
The government's wisdom should not have been interfered with by the single judge in the absence of malafide, it said.
The case will be taken up along with the appeals filed by bar owners tomorrow. The bar owners have also challenged the single judge's verdict.
While the government in its new excise policy had allowed bars in only hotels in the five star category and above, the single judge by his judgement on Oct 30 had upheld the excise policy, but permitted 33 bars in four-star category and eight in heritage hotels, besides the 21 in five star hotels to function.