Court No. - 21
Case :- WRIT TAX No. - 703 of 2018 Petitioner :- Abhishek Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard Sri Juned Alam, learned counsel for the petitioner and Sri A.C. Tripathi, learned Standing Counsel for the State.
The petitioner was allotted a licence to run country made liquor shop situate at Seorahi No.1, Tulsi Nagar, District Kushinagar. Some complaints were made with respect to allocation of the shop being violation of the guidelines alleging that it was situate within the prohibited limit of school and a temple.
Learned counsel for the petitioner points out that an enquiry was conducted by three member committee, who submitted a report dated 07.04.2018 stating that the shop in question was being run for more than 60 years and school and temple came into existence subsequently. The report further reveals that since the temple and school came into existence subsequently in accordance with Rule 49 (Ka) of U.P. Number and Location of Excise Shops Rule, 1968 (as amended in 2008), the prohibition of the distance are not applicable.
The grievance of the petitioner is that though the report was submitted long back on 07.04.2018 but till date no decision has taken and respondent nos.2 and 3 are not permitting to run the shop.
Considering the facts of the case, we dispose of the writ petition by directing the respondent no.2, the District Magistrate/Licensing Authority, District Kushi Nagar to take appropriate decision in the matter keeping in view of the report submitted by three member committee, within 10 days from the date of production of a certified copy of this order before him.
Order Date :- 26.4.2018 OP