RAJES KUMAR, AMITAVA LALA
RAJESH GUPTA – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Amitava Lala, J.—This Revenue Bench of the High Court has been flooded with several writ petitions made by the purported holders of licence to run the respective retail liquor shops challenging the new excise policy of the State made in the year 2009, followed by the respective rules and the notifications, for the purpose of allotment of licence of retail liquor shops for the excise year 2009-10. Some of the writ petitions are made by the licence holders of the retail shops falling within the special zone constituted by the Uttar Pradesh Demarcation and Regulation of Special Zones for Exclusive Privilege of Excise Shops Rules, 2009 (hereinafter in short called as the ‘Demarcation Rules, 2009’), their cases are segregated and categorised as ‘special zone category’. The other petitioners, whose existing retail shops are not within such zone but in the zone governed by the Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) (Fourth Amendment) Rules, 2009 (hereinafter in short called as the ‘Rules, 2009’), are segregated and categorised as ‘general zone category’. Some of the writ petitioners are aggrieved by the Uttar Pradesh Excise (Settle
AIR 1963 SC 1047 (Para 86)-Considered.
(2007) 10 SCC 684 : AIR 2007 SC 2747 (Para 71)
1958 SCR 1240 : AIR 1958 SC 398
1957 SCR 874 : AIR 1957 SC 699
1957 SCR 195 : AIR 1957 SC 414
1951 SCR 682 : AIR 1951 SC 318 (Para 46)-Considered
1954 SCR 873 (Para 45)-Referred.
AIR 1980 SC 1992 (Para 37)-Explained.
(2002) 7 SCC 104 (Para 11)-Distinguished
(1996) 3 SCC 465 : AIR 1996 SCC 1219
(1977) 4 SCC 98 (Para 98)-Relied on.
(1994) 6 SCC 651 (Para 59)-Relied on.
AIR 1963 SC 928 (Para 66)-Relied on.
(1985) 1 SCC 523 (Para 63)-Considered
AIR 1958 SC 538 (Para 53)-Relied on
(1974) 4 SCC 3 (Para 68)-Considered.
AIR 1961 SC 82 (Para 106)-Relied on.
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