Poornanand Pant vs Commissioner Excise State Of ...
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Uttarakhand High Court

Poornanand Pant vs Commissioner Excise State Of ... on 6 September, 2024

                                                    2024:UHC:6495-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
     HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                       AND
      HON'BLE SRI JUSTICE RAKESH THAPLIYAL
               6TH SEPTEMBER, 2024
             SPECIAL APPEAL NO. 279 OF 2024



Poornanand Pant                                   ......Appellant
                             Versus

Commissioner Excise State Of Uttarakhand and others.

                                                    --Respondents

Counsel for the appellant      :   Mr. Bhupesh Kandpal, leaned counsel.
Counsel for the respondent     :   Mr. B.S. Parihar, learned Standing
                                   Counsel for the State.




JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Counsel for the appellant-writ petitioner, inter alia,

contends that as per the judgment of the learned Single Judge

dated 13.08.2024, his writ petition has been dismissed on the

ground that the petitioner has a statutory alternative remedy of

filing a revision. Counsel for the appellant-writ petitioner further

contends that the license for retail sale of Indian Made Foreign

Liquor was granted to the petitioner's wife, who died on 10th

September, 2023. The Appeal was decided by the Excise

Commissioner, Uttarakhand vide ex parte order dated 2nd August,

2024 (Annexure-2 to the writ petition).

2. Since the order was passed ex parte, that too, without

impleading the legal heirs of the appellant (Smt. Tulsa Pant, wife

of Sri P.N. Pant), the appellant-writ petitioner had a right to be 2024:UHC:6495-DB impleaded as a party, which step he has not taken after the death

of his wife. Even for taking alternative remedy, the appellant-writ

petitioner has to be impleaded in the Appeal first and thereafter,

he will have a right to file Appeal, otherwise, he cannot file an

Appeal as a third person against the order 13th August, 2024.

3. Keeping in view the above fact, the order dated 2nd August,

2024 (Annexure-2 to the writ petition) is being set aside and the

matter is remanded back to the competent authority to allow the

appellant-writ petitioner to be impleaded as an appellant in the

Appeal and, thereafter, pass a speaking order after hearing both

the parties.

______________

RITU BAHRI, C.J.

__________________ RAKESH THAPLIYAL, J.

Dt: 6th September, 2024 Rathour

PRAVINDR

AS 2.5.4.20=23699ccc2fd40ad81b6fd13323779 d9e3aeb1097d17dbb53d481cabd25946eed , postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A

RATHOUR 40CC6179B8E010331BA695239171F906FD5 C45C4E8, cn=PRAVINDRA S RATHOUR Date: 2024.09.09 13:09:20 +05'30'