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2021 Supreme(UK) 479

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Manish Sehgal - Appellant
Versus
Excise Commissioner & Ors. - Respondents
Writ Petition (M/S) No. 2723 of 2021
Decided On : 16-12-2021

Advocates Appeared:
Sandeep Kothari, Advocate, Pradeep Hairiya, Advocate

Headnote:

Excise Act - License for Retail Sale of Country Liquor - Court directs Excise Commissioner to consider petitioner's representation as Appeal and decide accordingly

Fact of the Case:

Petitioner granted license for retail sale of Country Liquor, asked to shift shop to another location by District Magistrate, approached Court for relief

Finding of the Court:

Court declines to entertain writ petition, directs Excise Commissioner to consider petitioner's representation as Appeal and decide within three weeks

Issues: Petitioner's grievance against District Magistrate's order, remedy available under U.P. Excise Act, 1910, consideration of petitioner's representation as Appeal

Ratio Decidendi: Court's inclination to not entertain writ petition due to availability of remedy under Excise Act, direction to Excise Commissioner to treat representation as Appeal and decide accordingly

Final Decision: Writ petition disposed with direction to Excise Commissioner to consider and decide petitioner's Appeal, maintenance of status quo till a specified date

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner was granted license for retail sale of Country Liquor at a particular location. Now, District Magistrate, Dehradun has asked the petitioner to shift his shop to some other location vide order dated 30.11.2021. Feeling aggrieved by District Magistrate’s order, petitioner has approached this Court.

2. Since petitioner has a remedy to file Appeal under Section 11(1) of U.P. Excise Act, 1910, therefore, this Court is not inclined to entertain this writ petition.

3. Learned counsel for the petitioner submits that petitioner has made a representation to Excise Commissioner on 10.12.2021, which may be treated as Appeal.

4. Learned Standing Counsel has no objection if petitioner’s representation is directed to be treated as Appeal.

5. Accordingly, the writ petition is disposed of with a direction to Excise Commissioner to consider and decide petitioner’s Appeal, in accordance with law, as early as possible, preferably within a period of three weeks’ from the date of production of certified copy of this order. It is further provided that if petitioner makes an application seeking stay of District Magistrate’s order within 24 hours, Excise Commissioner shall consider petitioner’s stay application on or before 20.12.2021.

6. Till 20.12.2021, status quo, as of today, shall be maintained.

7. Let a certified copy of this order be issued today itself.

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