Veni Madhav Tiwari vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 4491 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 294 of 2022
 

 
Petitioner :- Veni Madhav Tiwari
 
Respondent :- State Of U.P. Thru. Prin. Secy. Exicse Lko. And Others
 
Counsel for Petitioner :- J.P. Shukla,Pawan Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioner and learned State Counsel.

The grievance raised in this petition is that a licensed Beer Shop in Chanda Bazar, District Sultanpur is running near abadi land and the location of the said Beer Shop is contrary to the law laid down by the Hon'ble Supreme Court in the case of State of Tamil Nadu and others Vs. K. Balu and another decided on 31.03.2017 (Civil Appeal Nos. 12164-12166 of 2016).

The aforesaid grievance of the petitioner can better be looked into by the District Magistrate/licensing authority.

Accordingly, without entering into the merit of the case of the petitioner, this petition is finally disposed of with liberty to the petitioner to approach the District Magistrate, Sultanpur by making appropriate application within 10 days from today annexing therewith all documents on which he intends to rely including the aforesaid judgment in the case of Tamil Nadu and others (supra).

In case any such application is made by the petitioner to the District Magistrate, he shall look into the matter and call upon the requisite reports from the subordinate officers of the Excise Department in the district concerned and shall take appropriate decision in respect of the grievance of the petitioner. The decision by the District Magistrate under this order shall be taken within four weeks from the date he receives the application alongwith certified copy of this order.

The decision shall be taken by the District Magistrate in accordance with law and also as per applicable rules including U.P. Number and Location of Excise Shop Rules, 1968 as amended up to date.

We also provide that while taking decision on the application of the petitioner under this order, opportunity of making representation/hearing shall also be provided to the respondent No. 5.

The decision taken under this order shall be communicated to the petitioner as well.

Order Date :- 27.5.2022

Jaswant