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HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL
Mas Sheetla Distributors Pvt. Ltd. – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. The petitioner is the licensee of BWFL-2B license which is valid upto 31.03.2026. The respondent no. 3 herein is the manufacturer and the petitioner is the distributor of respondent no. 3. There is a dispute in between the petitioner - distributor and the manufacturer- respondent no. 3 and for resolving the dispute, the petitioner invoke Section 9 and 11 of the Arbitration Act before the High Court of Karnataka and the Commercial Court at Bangalore.
2. The petitioner is aggrieved by the notice dated 10.12.2025, issued by the Incharge Excise Officer whereby the petitioner has been asked to give response , since, respondent no. 3-manufacturer submitted an application for grant of BWFL-2B license for the excise year 2025-26 on 10.11.2025. Letter of respondent no. 3 is enclosed at page 51 wherein in para 6 reference of two applications has been given. One application, i.e., Application Ref. No. UTK2025035501 relates to cancellation of existing BWFL2B license of Maa Sheetla Distributor Pvt. Ltd., the petitioner herein and another one is online application no. UTK2025040622 dated 01.10.2025 for grant of BWFL-2B license.
3. It is argued by the learned counse
Excise authorities must independently exercise prerogative in license cancellation without cognizance of biased applications from manufacturers against distributors, requiring scrutiny for official c....
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 und....
Writ courts cannot grant interim relief beyond prayers by restraining un-challenged actions on third-party applications; incompetent subordinate notice quashed without affecting competent authority's....
The court reinforced that authorities must adhere to principles of natural justice, requiring an opportunity for a hearing, and cannot rely on grounds not specified in the show cause notice.
Point of Law : For want of the inspection report before this Court, it cannot be presumed that the substance of the inspection report or the summary of the documents was furnished and that the summar....
The cancellation order must contain reasons for cancellation and cannot be supplemented by subsequent explanations. Mere institution of a criminal case against a person does not automatically disqual....
A communication from an Excise Inspector regarding outstanding dues is informational and does not constitute a demand notice under the Rajasthan Excise Rules.
Point of law: Granting license to such bidders, who have back-pedaled to serve their own vested interest and hidden agenda is against the public policy and contrary to statutory mandate
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