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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW Atlani Brothers Live Thru. Its Proprietor Mrs. Mamta Atlani .....Petitioner(s)

Versus State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others .....Respondent(s)

Counsel for Petitioner(s) : Suryansh Narula, Ankit Verma, Pali Anurag Counsel for Respondent(s) : C.S.C.

Court No. - 5 HON'BLE ALOK MATHUR, J.

HON'BLE ABDHESH KUMAR CHAUDHARY, J.

1. Heard S/Shri Suryansh Narula and Ankit Verma, learned counsel appearing on behalf of the petitioner as well as learned Standing Counsel appearing on behalf of the State-respondent(s) and perused the materials available on record.

2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has sought for the following substantial relief (s):-

"(i) Issue a writ, order or direction in the nature of Certiorari, quashing the Permission Letter dated 30.09.2026 annexed as Annexure No. 2 to this writ petition, passed by the Respondent No. 3 in so far as the same rejects the permission sought in respect of the use/service of liquor in connection with the Live Singing Event scheduled to be held on 10.10.2026 between 05:00 P.M. and 09:45 P.M. at Dayal Gateway, Dayal Group Hospitality, Vibhuti Khand, Gomti Nagar, Lucknow.

(ii). Issue a writ, order or direction in the nature of Mandamus, Commanding the Respondent No. 3 to forthwith grant requisite police permission in respect of Application No. 2026082702519 dated 27.08.2026 annexed as Annexure No. 3 to this writ petition, for conducting the Live Singing Event, scheduled to be held on 10.10.2026 between 05:00 P.M. and 9:45 P.M. at Dayal Gateway, Dayal Group Hospitality, Vibhuti Khand, Gomti Nagar, Lucknow- 226010 and to permit the Petitioner to avail benefits of FL 11 (Event Bar) License in conformity with the Uttar Pradesh Excise (Grant of Bar License) Rules, 2020;

(iii). Issue a writ, order or direction, in the nature of Mandamus, commanding the Respondent No. 2 to forthwith grant the FL-11 (Event Bar) License, for retail vend of foreign liquor at Live Singing Event, scheduled to be held on 10.10.2026 between 05:00 P.M. and 09:45 P.M. at Dayal Gateway, Dayal Group Hospitality, Vibhuti Khand, Gomti Nagar, Lucknow-226010, in terms of the Uttar Pradesh Excise (Grant of Bar License) Rules, 2020."

3. It has been submitted on behalf of the petitioner that the petitioner, a proprietorship firm, is seeking to hold a live singing event on 10.10.2026 between 5:00 p.m. and 9:45 p.m. at The Dayal Gateway, Dayal Group Hospitality, Vibhuti Khand, Gomti Nagar, Lucknow. For holding the said live singing event, the petitioner had made an application under the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as “the Rules of 2000”), seeking permission from the competent authority.

4. It has been submitted that, by means of the impugned order dated 30.09.2026, issued by the Additional Police Commissioner (Law and Order), the said permission has been granted to the petitioner, subject to 18 conditions mentioned therein.

5. In the present writ petition, the grievance of the petitioner is with regard to Condition No. 18, according to which the permission has been granted subject to the condition that no alcohol or intoxicating substance shall be served or utilized during the said concert.

6. It has further been submitted by the petitioner that the present programme is sponsored by Casa Bacardi, a company engaged in the business of liquor products, and accordingly, liquor would be sold during the said programme. It has further been stated that Condition No. 18 is dehors the provisions contained in the Rules of 2000. Accordingly, such a condition could not have been imposed when the competent authority was granting permission under the Rules of 2000. According to the learned counsel, if any restriction on intoxicating products being served during the concert was to be imposed, the same could have been considered by the Exci