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2024 Supreme(UK) 263

RITU BAHRI, RAKESH THAPLIYAL
Luxury Liquors – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aman Sinha, learned Senior Counsel assisted by Mr. Gopal K. Verma, Mr. Hari Mohan Bhatia and Mr. Gaurav Jain, learned counsel.
For the Respondent:Mr. K.N. Joshi, learned Deputy Advocate General, Mr. Sandeep Kothari, learned counsel.

JUDGMENT :

Ritu Bahri, C.J.

The present Special Appeal has been filed against the judgement and order dated 22.05.2024 passed by the learned Single Judge in Writ Petition (M/S) No. 823 of 2024, whereby the Writ Petition filed by the appellant-writ petitioner has been dismissed.

2. The case of the appellant-writ petitioner in the Writ Petition was that, on 21.02.2024 the Uttarakhand Excise Policy Rules, 2024-25 were notified by the State Government, and, under Rule 19, the procedure for grant of wholesale license for sale of overseas liquor [FL-2(O)] is provided.

3. The appellant-writ petitioner applied for wholesale license for sale of overseas liquor, i.e. FL-2(O), under Rule 19 of the Uttarakhand Excise Policy Rules 2024-25, and was granted the same for the financial year 2024-25 by respondent no. 2, vide letter dated 14.03.2024. Respondent no. 3 was also granted the same license, i.e. FL-2(O) for the financial year 2024-25. The appellant-writ petitioner had challenged the issuance of the said license to respondent no. 3, on the ground that ihe does not meet the condition of eligibility, as mentioned in Clause 19.1(b) of the Uttarakhand Excise Policy Rules, 2024-25, as he does not po

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