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2006 Supreme(All) 2932

RAJES KUMAR
Anil Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
Mukesh Prasad for the Petitioners; S.C. for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—By means of the present writ petition under Article 226 of the Constitution of India, the petitioners seek the following reliefs:

(a) “to issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 23.09.2005, received by the petitioners on 08.10.2005, passed in Excise Revision No. 69 of 2005, Anil Kumar and another Versus Excise Commissioner and others (Annexure-I to this writ petition).

(b) to issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(c) to award cost of the petition to the petitioners.”

2. The brief facts of the case are, that under the New Excise Rules, namely, Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules, 2002 (hereinafter referred to as “ Rule, 2002”), the settlement of the country liquor shops of the District Etawah for the excise year, 2002-2003 took place. Under Rule, 2002, the country liquor shop known as Bhartana No. 2 was settled in favour of petitioner No. 1and shop known as Bhartana No. 3 was settled in favour of petitioner No. 2 in a lottery drawn on 25th March, 2002





























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