WPMS/1344/2021
2021 Latest Caselaw 2510 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
          ON THE 20TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1344 of 2021

BETWEEN:

Devans Modern
Breweries Ltd. and another.                ..........Petitioners
     (By Mr. Rajshekhar Rao, Mr. Vipul Sharma and Mr.
     Divyam Agarwal, Advocates)

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


                       JUDGMENT

In this writ petition, petitioners have challenged the show cause notice dated 03.07.2021, which was issued with the allegation that petitioners are selling Beer Brands in Uttarakhand in violation of Rule 12.5 of Excise Policy 2021-22.

2. Learned counsel for the petitioners submits that without waiting for the reply to the show cause notice and, in the absence of any order, petitioner's name was struck off from the Excise Portal, due to which, petitioner was unable to sell out all his Beer Brands.

3. On 15.07.2021, learned State Counsel was asked to get instructions in the matter. Today, on

instructions, learned Standing Counsel submits that except the three Beer Brands for which show cause notice was issued to the petitioner, petitioner has been permitted to sell other Beer Brands in compliance of the order passed by Division Bench of this Court in Writ Petition (M/S) No. 1303 of 2021.

4. Since the show cause notice has resulted in passing of the final order dated 14.07.2021, therefore, no useful purpose would be served by keeping this writ petition pending.

5. Accordingly, the writ petition is dismissed. However, liberty is granted to the petitioner to challenge the subsequent order dated 14.07.2021 before appropriate forum.

(MANOJ KUMAR TIWARI, J.) Arpan