The Licensing Authority as per the 2013 Rules is the Collector of the concerned district, and the Excise Inspector does not have the authority to issue Show Cause Notices for license cancellation under Section 35 of the Uttarakhand Excise Act, 1910.

JUDGMENT :

RAKESH THAPLIYAL, J.

1. By the present writ petition, the petitioner is seeking the following reliefs:

“1. Issue a writ, order in the nature of Certiorari quashing the impugned notice dated 20.09.2023 issued by the respondent no. 5 against the petitioner’s shops (as contained in Annexure No. 5 to this writ petition).

2. Issue and grant any other writ, order or direction as may be deemed fit and proper in the facts and circumstances of the case.

3. Also award the cost of this petition to the petitioner.”

2. Brief facts of the case are that the Excise Department of the State issued an Excise policy in the year 2013 for sale of foreign liquor in Malls/Departmental stores. The petitioner applied for license of FL-5DS (Departmental shop) and was granted two licenses for the same on 16.08.2023 by respondent No. 3. Thereafter, the license fee was deposited for one shop at the address of Shail Vihar, Dehradun Road, Rishikesh, District Dehradun having License No. 59/2023-24, and for another shop at the address of Nirmal Bag, Pashulok, Rishikesh, District Dehradun having license No. 58/2023-24, both in the name of “City Lite Grosry and Spirit Store.” Copies of both the licenses have also been appended to the writ petition as Annexure-2.

3. Counsel for the petitioner submits that the distance between both the shops of the petitioner is approximately five kilometers.

4. It is contended in the writ petition that near the petitioner’s shop, which is situated at Nirmal Bag, Pashulok, Rishikesh, there are three other Liquor Bars running since last five-six years and there are two other similar FL-5DS shops situated within 500 meters’ distance from the petitioner’s shop. It is further contended in the writ petition that when the petitioner started to run the shop at Nirmal Bag, Pashulok, Rishikesh, Dehradun, some of the local political persons started to make undue demands and when he refused to fulfill the same, they started creating nuisance and protest outside the petitioner’s shop with the help of local administration. Subsequently, the petitioner filed a suit for permanent injunction bearing Suit No. 41 of 2023 City Lite Grosry and Spirit Store, FL-5DS vs. Hari Singh Bhandari and Others. A copy of the plaint is also appended to the writ petition as Annexure-3. The reliefs, as sought in the Suit, read as under:

^^¼d½ LFkk;h fu"ks/kkKk dh vkKfIr ls Áfroknhx.k] muds fgr&Áfrfu/kh] ,tsUV o lg;ksfx;ksa dks fuf"k/k fd;k tk;s fd os okni= dh lwph of.kZr lEifRr esa oknh ds gks jgs dkjksckj@lkekU; dk;Z esa voS/k o fof/kfo:) :i ls dksbZ gLr{ksi uk djs rFkk uk gh lwph of.kZr lEifRr ds lkeus fof/kfo:) ?ksjko] /kjuk] Án'kZu] ukjsckth djs rFkk uk gh okn i= dh lwph of.kZr lEifRr@nqdku ds 500 ehVj dh ifjf/k rd dksbZ fof/kfo:) ?ksjko] /kjuk] Án'kZu] ukjs ckth djs rFkk uk gh lwph of.kZr lEifRr@nqdku esa vkus&tkus okys deZpkfj;ksa] vkxUrqdksa o xzkgdksa ds vkus&tkus esa dksbZ vojks/k ;k ck/kk mRiUu djs rFkk uk gh nqdku dks cUn djs rFkk uk gh nqdku esa dk;Z djus okys deZpkfj;ksa] vkxUrqdksa o xzkgdksa dks dksbZ /kedh ns ;k muls dksbZ nqO;Zogkj djsA vU;Fkk oknh dh viw.kZuh; gkfu gksxhA

¼[k½ lEiw.kZ okn O;; oknh dks Áfroknhx.k ls fnyk;k tk;sA

¼x½ vU; dksbZ vuqrks"k tks ekuuh; U;k;ky; okn dh fLFkfr o ifjfLFkfr;ksa ds vuq:i mfpr le>s Áfroknhx.k ds fo:) oknh dks fnyk;k tk;sA**

5. The description of the location of the shop is also mentioned at the foot of the plaint, which reads as under:

“CITY LITE GROSRY & SPIRIT STORE, FL-5DS ¼fMikVZesUVy LVksj½ Áhfe;e eksgYyk&fueZy ckx] i'kqyksd] rglhy _f"kds’k] ftyk nsgjknwu] fd ftldh lhek,a fuEu Ádkj gSa%&

mRrj esa & Hkwfe vU;

nf{k.k esa & eq[; ohjHkæ ekxZ

iwjc esa & Hkwfe Jherh cyek pkSgku

if'pe esa & Hkwfe Jh Fkify;ky thA**

6. In this Suit, on 11.09.2023, the Civil Judge (Senior Division), Rishikesh passed a temporary injunction order against the defendants restraining them from making any agitation in and around upto 200 meters from the shop of the petitioner and from stopping the customers to visit his shop. This order is also e