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2022 Supreme(Online)(All) 16047

ALLAHABAD HIGH COURT
DHARMAVATI – Appellant
Versus
State of U.P. AND 2 OTHERS – Respondent
WTAX 151/2022



Court No. - 3

Case :- WRIT TAX No. - 151 of 2022

Petitioner :- Dharmavati

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Deepak Kumar Tripathi

Counsel for Respondent :- C.S.C.

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner and the learned

Standing Counsel. None appears for the respondent-State.

Petitioner's father-in-law was a licencee of Tadi Shop at

Rajedih, District Sant Kabir Nagar. After his death, the liecence

was granted to his son, namely, Shri Patharu, who died some

time during COVID-19 pandemic period. Her wife, i.e., the

present petitioner has applied for licence of Tadi Shop in

question in her favour but she could not apply pursuant to the

advertisement for settlement of Tadi Shop dated 28.02.2021

issued by the District Magistrate. The licence has been granted

to one Smt. Savitri Devi w/o Shri Ayodhya Prasad on

30.09.2021.

The petitioner claims to be an illiterate widow lady and her

grievance is that after death of her husband, the licence should

have been granted in her favour and she deserved consideration

for grant of licence for which she moved an application but the

same was not considered by the authorities.

Be that as it may, since the licence has already been granted to

one Smt. Savitri Devi w/o Shri Ayodhya Prasad, who has not

even been impleaded as a respondent in the present writ

petition, therefore, we do not intend to entertain this writ

petition.

Consequently, the writ petition is dismissed leaving it open for

the petitioner to file an appeal under Section 11 of the U.P.

Excise Act, 1910 before the appropriate authority raising all her

grievances.

It is made clear that we have not expressed any opinion on

merits of the case of the petitioner.

Order Date :- 14.2.2022

SK

Digitally signed by SUSHEEL

KUMAR

Date: 2022.02.14 16:18:30 IST

Reason:

Location: High Court of Judicature at

Allahabad

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