Court No. - 29
Case :- WRIT TAX No. - 1302 of 2018 Petitioner :- Awadhesh Kumar Pandey Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Ishwar Kumar Upadhyay,Manish Kumar Nigam Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Ashok Kumar,J.
Heard Sri Manish Kumar Nigam, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has preferred this petition for a direction upon respondent Nos. 3 and 4 District Magistrate, Ballia and District Excise Officer, Ballia to issue a permanent license to him for dealing in country-made liquor at Satanisarai, Ballia for the Financial Year 2018-19.
The petitioner along with one Raj Narayan Singh was temporarily allotted a license to run a country-made liquor. However, the other partner of the petitioner lost interest in running the shop. The petitioner insisted for a permanent license in his own name.
The submission of learned counsel for the petitioner is that though one hand the petitioner is demanding a permanent license and on the other hand, the respondents have issued a show-cause notice as to why the license granted may not be cancelled fixing 02.11.2018 as the next date, but in the meantime, have advertised the shop for grant of fresh license.
The petitioner by means of this petition is not challenging the aforesaid show-cause notice or the proceedings for auction of the license.
In view of the above, petitioner is not entitle for any relief in respect of either of the above two actions in this petition and is free to challenge the same in an appropriate manner as may be advised.
As far as the grant of permanent license is concerned, we find that the temporary license granted to the petitioner and his partner was for a limited period and the same has already expired and that the petitioner had not completed necessary formalities for the purpose of granting of permanent license despite notice dated 28.05.2018.
At this stage, Sri Nigam submits that he may be permitted to withdraw the writ petition.
In view of the statement made above, we permit him to withdraw the writ petition and the same is dismissed as withdrawn.
Order Date :- 30.10.2018 Nirmal