Hon’ble Yatindra Singh J.—The main question involved in this writ petition is :

‘Whether a model shop can be relocated/ created during an excise year in an area where there is another liquor shop in existence.’

THE FACTS

2. The petitioner was granted a licence of Indian made foreign liquor (IMFL) shop for the excise year 2009-10 at Shamshabad, Agra. He was an existing licensee for the excise year 2010-11.

3. The State Government came out with the excise policy for renewal and settlement of different categories of liquor shops on 26.2.2010. An advertisement was also published in the news papers on 28.2.2010 informing about the same. Later, it was also circulated by the Excise Commissioner by his letter dated 3.3.2010.

4. The petitioner applied for renewal of his IMFL shop licence. It was renewed for the same area on the terms of the policy.

5. In the excise year 2009-10, 19 model shops were also sanctioned in District Agra. Out of these 19 shops, 16 were settled but 3 shops at Diwani Chauraha, super market Sanjay Place, and Maruti Estate Chauraha remained unsettled.

6. In the excise year 2010-11, out of these 19 shops, 4 shops (including the 3 unsettled shops for the excise