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