SPA/282/2023
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      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                 SPECIAL APPEAL NO. 282 OF 2023

                            4TH AUGUST, 2023

Between:

Sarita Chauhan                                 ......               Appellant

and

State of Uttarakhand & others                  ......              Respondents

Counsel for the appellant            :    Mr. Rahul Consul, learned counsel

Counsel for the respondents          :    Mr. S.S. Chaudhary, learned Brief
                                          Holder for the State / respondents



The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


              The present special appeal is directed against

the judgment dated 19.07.2023, passed by the learned

Single Judge, dismissing the writ petition preferred by the

petitioner,    assailing      the    order          bearing   Sl.   No.   350

(c)/XXIII-1/2023,       dated        16.05.2023,          issued     by   the

respondent      No.    2,    i.e.,       the    Chief   Secretary    of   the

committee constituted in the office of the Hon'ble Chief

Minister, District Dehradun, Uttarakhand.                     The petitioner

had also sought refund of the amount of which stocks were

not lifted, deposited as Minimum Monthly Guarantee Duty
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(MMGD) in respect of the two Indian Made Foreign Liquor

shops allotted to the petitioner / appellant at Chamiyala

and Hindolakhal in District Tehri Garhwal.


2)         The petitioner had sought refund of the amount

of the Minimum Monthly Guarantee Duty on the ground of

lockdown imposed during the COVID-19 pandemic.             The

impugned      order    dated   16.05.2023   shows   that   the

Committee, while passing the order dated 16.05.2023,

took into consideration the fact that the Government had

issued   an    order    No.    891/XXIII-1/2021-04(01)/2021,

granting exemption in respect of the minimum monthly

guarantee duty for a period of 44 days.             Thus, the

appellant had been granted exemption in respect of an

amount of Rs.1,36,59,960/- (for the liquor shop at

Hindolakhal, the exemption was for Rs.53,45,202/-; and

for the liquor shop at Chamiyala, the exemption was for

the amount of Rs.83,14,758/-).


3)         The further submission of learned counsel for

the appellant is that the Appellate Authority - in respect of

the order impugned in the writ petition, was also the

Secretary, who was part of the committee which had

passed the impugned order dated 16.05.2023.


4)         The learned Single Judge has dealt with the

submission by observing that it shall be open to the
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appellant to raise the said issue, while filing his appeal and

request that the appeal be decided by another competent

officer, who was not part of the committee which rejected

the appellant's representation.


5)           In our view, the said observation made by the

learned Single Judge sufficiently protects the appellant's

rights and interests.


6)           For the aforesaid reason, we find no merit in the

present appeal.         The special appeal is, accordingly,

dismissed.



                                         ________________
                                        VIPIN SANGHI, C.J.



                                     _________________
                                     RAKESH THAPLIYAL, J.

Dt: 04th AUGUST, 2023 Negi