Court No. - 3
Case :- WRIT TAX No. - 895 of 2021 Petitioner :- Vidya Sagar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Babu Lal Ram,Minakshi Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Undisputedly, the petitioner has statutory remedy of appeal under Section 11(1) of the U.P. Excise Act, 1910 against the order dated 12.08.2021 passed by the licensing authority, cancelling the petitioner's licence.
3. In view of well founded objection raised by the State, no interference is warranted in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.
4. Accordingly, the present writ petition is dismissed, leaving it open to the petitioner to avail his statutory remedy of appeal, in accordance with law. If such appeal is filed by the petitioner within a period of two weeks from today, the appeal authority shall entertain that appeal and decide the same on its own merit without raising any objection as to limitation. This observation has been made in view of prevailing circumstance arising from spread of pandemic Covid-19.
Order Date :- 25.10.2021 Abhilash