WPMS/2723/2021
2021 Latest Caselaw 5209 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 16TH DAY OF DECEMBER, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


      WRIT PETITION (M/S) No. 2723 of 2021

BETWEEN:

Manish Sehgal.                                 ..........Petitioner
      (By Mr. Sandeep Kothari, Advocate)


AND:
Excise Commissioner & others.                ......Respondents
      (By Mr. Pradeep Hairiya, Standing Counsel for the State of
      Uttarakhand)


                        JUDGMENT

Petitioner was granted license for retail sale of Country Liquor at a particular location. Now, District Magistrate, Dehradun has asked the petitioner to shift his shop to some other location vide order dated 30.11.2021. Feeling aggrieved by District Magistrate's order, petitioner has approached this Court.

2. Since petitioner has a remedy to file Appeal under Section 11(1) of U.P. Excise Act, 1910, therefore, this Court is not inclined to entertain this writ petition.

3. Learned counsel for the petitioner submits that petitioner has made a representation to Excise Commissioner on 10.12.2021, which may be treated as Appeal.

4. Learned Standing Counsel has no objection if petitioner's representation is directed to be treated as Appeal.

5. Accordingly, the writ petition is disposed of with a direction to Excise Commissioner to consider and decide petitioner's Appeal, in accordance with law, as early as possible, preferably within a period of three weeks' from the date of production of certified copy of this order. It is further provided that if petitioner makes an application seeking stay of District Magistrate's order within 24 hours, Excise Commissioner shall consider petitioner's stay application on or before 20.12.2021.

6. Till 20.12.2021, status quo, as of today, shall be maintained.

7. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Arpan