Hon'ble Jaspreet Singh,J.
Heard Sri Satyendra Nath Mishra, learned counsel for the petitioner, Sri Q.H. Rizvi, learned Standing Counsel for respondent nos. 1 to 3 and Sri Virendra Mishra, learned counsel for the respondent no. 4.
By this public interest litigation, the petitioner is praying for following reliefs :
"I. Issue a writ, order or direction in the nature of mandamus thereby directing the opposite to remove the liquor shop established nearby the ancient temple of Seetaram & Radhey Krishna Kurwar Naka since 1878 forthwith or as direction of this Hon'ble Court in the interest of justice.
II. Issue a writ, order or direction in the nature of Mandamus thereby directing the opposite party no.2 to pass an appropriate order on the application dated 19/11/2018 pending before him forthwith in the interest of justice.
III. Any other writ, order or direction be passed which this Hon'ble Court may deem just and proper under the facts and circumstances of the case.
IV. Allow the writ petition with costs."
This is the second writ petition. In the first writ petition i.e. P.I.L. Civil No. 36560 of 2018, since the petitioner had not complied the provisions of Chapter-XXII of sub-rule (3-A) of the Allahabad High Court Rules, 1952 sufficiently, therefore, this Court, vide order dated 26.7.2019, dismissed the writ petition with liberty to file a fresh with better particulars.
It is not disputed by the petitioner that liquor shop is running in the area in question for so many years. There is no material on record to prove that shop in question allotted by the Excise Department is within the restricted area as per the provisions of the U.P. Excise Act. Furthermore, the petitioner has not made party to the person(s)/contractor(s), against whom he has alleged to run the liquor shop in the area in question.
Considering the aforesaid, we are not inclined to interfere under Article 226 of the Constitution of India.
The writ petition lacks merit and is, accordingly, dismissed.
(Jaspreet Singh, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 30.8.2019 Ajit/-