Unknown vs State Of Uttarakhand
2025 Latest Caselaw 1217 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand on 21 July, 2025

                                                  2025:UHC:6371-DB

     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                AND
                HON'BLE SRI JUSTICE ALOK MAHRA

             WRIT PETITION (M/B) NO. 192 OF 2025

                             21st July, 2025

The Foodloft                              ......          Petitioner


                              Versus


State of Uttarakhand
And Others                                ......         Respondents

                               With
               WRIT PETITION (M/B) NO. 196 of 2025
               WRIT PETITION (M/B) NO. 197 of 2025
               WRIT PETITION (M/B) NO. 200 of 2025
               WRIT PETITION (M/B) NO. 201 of 2025
               WRIT PETITION (M/B) NO. 203 of 2025




Presence:-
Mr. Arvind Vashistha, learned Senior Counsel, assisted by Mr. Sandeep
Kothari, learned counsel for the petitioners.
Mr. C.S. Rawat, learned Chief Standing Counsel alongwith Mr. J.S. Bisht
and Mr. S.S. Chaudhary, learned Standing Counsel for the State.

---------------------------------------------------------------------

JUDGMENT:

(per Hon'ble The Chief Justice Sri G. Narendar)

Learned counsel on both sides submit that petitions

at serial numbers 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6 are

covered by an order of this Bench dated 03.07.2025

rendered while disposing of WPMB No. 127 of 2025.

2. In the above writ petition, the following order came

to be passed by the Court:-

2025:UHC:6371-DB "70. Accordingly, the writ petitions are allowed. The offending phrase / words of Rule 17b, i.e. "adjoining areas" is, hereby, quashed. Rule 17b shall be read down and be read without the phrase "adjoining areas".

71. The State Government shall process the applications of the petitioners and other eligible persons in terms of the law laid down by the Constitutional Bench of the Hon'ble Apex Court in Paragraph 60 (g) in the case of Khoday Distilleries (supra) within an outer limit of four weeks from the date of receipt of this judgment."

3. The submission is placed on record.

4. In view of the submission made, the instant writ

petitions are also ordered accordingly in the above terms.

________________ G. NARENDAR, C.J.

____________ ALOK MAHRA, J.

Dt: 21st July, 2025 Ujjwal