WPMS/2847/2021
2021 Latest Caselaw 5405 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 29TH DAY OF DECEMBER, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2847 of 2021

BETWEEN:

Shashibala Bansal & another.                     ....Petitioners
     (By   Mr.    Yogesh   Pant    and   Mr.   V.K.   Kaparuwan,
     Advocates)

AND:
State of Uttarakhand & others.                 ...Respondents
     (By Mr. T.S. Phartiyal, Additional C.S.C. and Mr. J.S.
     Bisht, Standing Counsel for the State of Uttarakhand)


                       JUDGMENT

According to the petitioner, he was allotted a license for retail sale of Indian Made Foreign Liquor at Cheela Kunau, Tehsil Yamkeshwar, District Pauri Garhwal for the Financial Years 2021-22 & 2022-23, but owing to certain reasons, petitioner is facing difficulty in running the shop.

2. Learned counsel for the petitioner has referred to a letter dated 20.12.2021 issued by District Magistrate, Pauri Garhwal to Secretary, Excise, Government of Uttarakhand, wherein District Magistrate has highlighted the difficulties faced by petitioner and has also referred to Government Order dated 30.01.2021, particularly Clause No. 35 thereof, which provides for constitution of a Committee for resolving the difficulties faced by a Excise licensee.

3. After arguing for a while, learned counsel for the petitioner confines his prayer and submits that writ petition be disposed of with a direction to Secretary, Excise to consider the letter issued by District Magistrate and take appropriate decision thereupon at the earliest.

4. Learned Additional C.S.C. assures the Court that Secretary shall take decision on District Magistrate's letter, as early as possible.

5. Accordingly, the writ petition is disposed of with direction to Secretary, Excise to consider District Magistrate's letter and take appropriate decision, in accordance with law, within six weeks' from date of production of certified copy of this order. This, however, will be without prejudice to the right of petitioner to seek exemption, by making application before the Competent Authority.

(MANOJ KUMAR TIWARI, J.) Arpan