Hon'ble Narendra Kumar Johari,J.
(Oral)
1. The following two main prayers have been made in the petition :
"(a) issue a writ, order or direction in the nature of certiorari quashing order dated 25.06.2019 passed by the Collector/Licensing Authority, Lucknow and e-tender dated 20.07.2019, issued by the Collector/Licensing Authority, Lucknow, whereby tender has been invited for the Model Shop, Gomti Nagar, Lucknow due to cancellation of the license of the petitioner (as contained in as Annexure Nos. 1 and 2 to this petition), after summoning the original records.
(b) a writ, order or direction in the nature of mandamus commanding the Excise Commissioner, U.P. Allahabad (opposite party No.2) to decide the appeal, preferred by the petitioner under Section 11(1) of the U.P. Excise Act, 1910 in respect of Model Shop, Viram Khand, Gomti Nagar, Lucknow within a period of one month and till then the auction of the shop in question may not be finalized.
(c)...............
(d)..............."
2. Contention of learned counsel for the petitioner is that vide order dated 25.6.2019 (Annexure-1), L-2 licence granted to the petitioner under The United Provinces Excise Act, 1910 has been cancelled. The petitioner has preferred statutory appeal vide Annexure-12 dated 25.7.2019.
It has been pleaded that while the appeal is not being taken up for hearing, e-tender has been floated for inviting applicants for issuance of licence for Model Shop, Gomti Nagar, Lucknow, in place of the petitioner. In the backdrop of these facts, the above extracted two prayers have been made.
3. Mr. Raj Baksh Singh, learned counsel for the State has pointed out that the tender has already been opened and the process of allotment is on advanced stage.
4. So far as the second prayer is concerned, Mr. Raj Baksh Singh states that a decision would be taken by the appellate authority within two months of receipt of certified copy of the order, in case the petitioner cooperates and does not delay the proceedings.
5. We have considered the facts and circumstances of the case.
6. So far as the first prayer is concerned, we find no reason in law, or in facts to interfere. Admittedly, the licence issued in favour of the petitioner has been cancelled. In such circumstances, loss of revenue would be incurred by non-operation of the model shop. Consequently, we refrain from interfering in e-Tender process.
Since statutory appeal has been filed and is pending, we do not find any reason to quash order, Annexure-1 in extraordinary writ jurisdiction.
7. So far as the second prayer is concerned, however, the petitioner appears to have exercised his right under the statute of filing the appeal. Surely, every such statutory appeal is required to be heard and decided at the earliest, particularly when the licence period is limited.
8. In view of the above, we allow the petition to limited extent, viz, we direct the Excise Commissioner, U.P. Allahabad to deal with the appeal filed by the petitioner (Annexure-12) and take a decision thereon within two months of receipt of certified copy of the order. We direct the petitioner not to seek adjournments; or delay proceedings for any reason.
Order Date :- 30.7.2019 kkb/