Court No. - 3
Case :- WRIT TAX No. - 425 of 2021 Petitioner :- Smt. Chitra Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailesh Upadhyay,Rishi Kant Rai Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Shri Shailesh Upadhyay, learned counsel for the petitioner and Shri B.P.Singh Kachhawah, learned Standing Counsel for the State.
While counter affidavit had been called by an earlier order, no counter affidavit has been filed. We have proceeded to hear the matter in view of the preliminary objection raised by the learned Standing Counsel that there is a statutory alternative remedy of appeal available to the petitioner.
By means of the present petition, the petitioner has challenged the order dated 07.04.2021 whereby, the District Excise Officer has cancelled the liquor vend license. Against the aforesaid order, the petitioner has an statutory remedy of appeal. In absence of any ground as to lack of inherent jurisdiction or violation of fundamental rules of natural justice or like ground, we are not inclined to entertain this petition any further.
Accordingly, writ petition is disposed of with a direction, in case, the petitioner files an appeal within a period of three weeks from today along with a copy of this order, the appeal authority may entertain and deal with the appeal on its own merit without raising any objection as to limitation and decide the same as expeditiously as possible preferably within a period of three months from the date of its filing.
This relaxation has been made in view of the present circumstances prevailing from the spread of the pandemic COVID-19 and further fact that the present petition had initially been entertained by this Court.
Order Date :- 7.10.2021 Saurabh
Digitally signed by NAHEED ARA MOONIS Date: 2021.10.08 11:17:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.10.08 11:20:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad