Court No. - 29
Case :- WRIT TAX No. - 1402 of 2018 Petitioner :- Giriraj Kishori Shahi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajeev Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned counsel appearing for respondent nos. 1 to 4.
The petitioner is having a licence to run a foreign liquor shop at Dahuganj in District Kushinagar.
The grievance of the petitioner is that the respondent no.2 has allowed the foreign liquor shop of respondent no.5 to be shifted within two kilometre of his shop, which is effecting his business.
The instructions of the respondent received from District Excise Officer, Kushinagar indicate that as there was opposition on running of the liquor shop by the respondent no.5 at Bhulia in Kushinagar, a recommendation was made that it should be shifted to Village Latvajeet, P.S. Taraya Sujan, District Kushinagar, as there is no other shop in the vicinity up to five kilometres.
The submission is that the aforesaid proposal is incorrect and that the petitioner's shop is within two kilometre of the new place assigned to respondent no.5.
This is a factual matter, which has to be examined by the authorities concerned.
In view of the above, we dispose of the writ petition with liberty to the petitioner to approach the respondent no.2 by means of a representation raising the aforesaid grievance. The respondent no.2, before whom the proposal of shifting of the liquor shop of respondent no.5 is pending, shall consider the representation of the petitioner in accordance with law after due opportunity of hearing to respondent no.5 most expeditiously if possible within a period of six weeks.
The writ petition is disposed of.
Order Date :- 29.10.2018/S.S.
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(Ashok Kumar, J.) (Pankaj Mithal, J.)