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RITU BAHRI, RAKESH THAPLIYAL
Luxury Liquors – Appellant
Versus
State of Uttarakhand – Respondent
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
Experience in the overseas liquor business is valid regardless of the state in which it was acquired, as per the Uttarakhand Excise Policy Rules.
The court upheld the validity of the Liquor Policy prohibiting public servants from holding liquor licences, affirming the State's authority to impose such conditions in public interest.
The court affirmed that a company cannot be denied a liquor licence based solely on an FIR against a director, emphasizing discrimination and lack of legal basis for such denial.
Point of law : Owner of cinema house cannot challenge the setting up of a new cinema house because it does not result in injury to a legal right or legally protected interest, the business competitio....
There is no fundamental right to trade in liquor; state policies can modify licensing rights as long as they comply with statutory provisions.
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