WPMS/2621/2021
2021 Latest Caselaw 5027 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
      ON THE 9TH DAY OF DECEMBER, 2021
                        BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2621 of 2021
BETWEEN:

Kashipur Beverages Pvt. Ltd.           ... Petitioner
      (By Mr. Sandeep Kothari, Advocate)

AND:

State of Uttarakhand & others          ... Respondents

      (By Mr. S.S. Chauhan, Deputy Advocate General)


                       JUDGMENT

1. Petitioner company is running a bottling plant at Kashipur, District Udham Singh Nagar. Excise Commissioner has passed an order dated 09.06.2021 against the petitioner imposing penalty of `15.00 lakh for running bottling plant in violation of norms.

2. In the impugned order, it has been mentioned that if petitioner is aggrieved by the said order, then he can approach the State Government under Section 11(2) of the Excise Act, 1910.

3. Mr. Sandeep Kothari, learned counsel appearing for the petitioner does not dispute that the petitioner has a remedy of revision before the State Government.

4. In such view of the matter, this Court declines to entertain this writ petition.

3. Mr. Sandeep Kothari, learned counsel for the petitioner then prays that some limited protection for one week be granted to the petitioner, so that he may file revision before the State Government.

4. Mr. S.S. Chauhan, learned Deputy Advocate General for the State submits that he has no objection if such limited protection is given to the petitioner.

5. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the State Government within one week from today. For a period of ten days, no coercive action shall be taken against the petitioner.

(Manoj Kumar Tiwari, J.) Aswal