WPMS/1071/2021
2021 Latest Caselaw 4439 UK

     IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 8TH DAY OF NOVEMBER, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 1071 of 2021

BETWEEN:

Arvind Ranawat.                              ..........Petitioner
      (By Mr. Sandeep Kothari, Advocate)


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


                        JUDGMENT

Petitioner was granted license for retail sale of Indian Made Foreign Liquor at Dhalwala, Muni Ki Reti, District Tehri Garhwal. District Magistrate, Tehri Garhwal passed an order on 09.04.2021, asking the petitioner to relocate the shop, as the land over which the shop was standing was a Government land and there was no order of renewal of lease by the Government in respect of the said shop.

2. A Co-ordinate Bench of this Court had passed an interim order in favour of the petitioner on 08.06.2021. Today, learned counsel for the petitioner submits that the State Government has now renewed the lease in respect of the land over which the shop is standing.

3. Learned counsel for the petitioner has drawn attention of this Court to an order dated 20.09.2021 passed by State Government, whereby necessary sanction for renewal of license was granted by the State Government, which is on record as Annexure No. R.A.-1 to the rejoinder affidavit. He has further drawn attention of this Court to the order passed by District Magistrate on 27.09.2021, whereby lease of land was renewed in favour of the petitioner.

4. Learned Additional C.S.C. also admits that lease of the land has now been renewed in favour of the petitioner.

5. Since the lease of the land has been renewed in favour of the petitioner, therefore, the writ petition is disposed of with a direction to District Magistrate, Tehri Garhwal to re-consider his order passed on 09.04.2021 as early as possible; but, not later than two weeks from the date of production of certified copy of this order.

6. Till decision is taken by District Magistrate, status quo, qua the shop in question, shall be maintained.

(MANOJ KUMAR TIWARI, J.) Arpan