WPMS/1252/2019
2022 Latest Caselaw 504 UK

 IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
          ON THE 3RD DAY OF MARCH, 2022
                                  BEFORE:
      HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (M/S) No. 1252 of 2019


BETWEEN:
Manish Srivastav.                                       ...Petitioner
      (By Mr. Aditya Singh, Advocate)


AND:
State of Uttarakhand & others                      ...Respondents
      (By Ms. Mamta Bisht, Deputy Advocate General for the State of
      Uttarakhand and Mr. Rajveer Singh, Advocate, holding brief of
      Mr. Davesh Bishnoi, Advocate for the intervener.)



                             JUDGMENT

Heard learned counsel for the parties.

2. Petitioner was granted license for retail sale of Indian Made Foreign Liquor, for the financial year 2019-2020. Pursuant to the license, petitioner opened liquor shop at Siddhartha Mill Road, Kashipur, District Udham Singh Nagar.

3. Subsequently, the concerned Excise Authority asked the petitioner to shift his shop to some other location, as there was objection regarding location of the shop. In this writ petition, petitioner has challenged the communication issued by concerned Excise Authority, asking petitioner to shift his liquor shop.

4. Since the license was granted to the petitioner for financial year 2019-2020 and now

financial year 2021-2022 is coming to a close, therefore, the relief, as claimed in the writ petition, does not survive.

5. This position is admitted to Mr. Aditya Singh, learned counsel appearing for the petitioner also.

6. In such view of the matter, the writ petition is dismissed as infructuous.

7. Learned counsel for the petitioner submits that certain amount, which was deposited by petitioner as license fee, is lying with the authorities. If that is so, petitioner shall be at liberty to make application for refund of the amount, which shall be considered, as per law.

(MANOJ KUMAR TIWARI, J.) Navin