Uttarakhand High Court
Preeti Chhetri And Another ... vs Excise Commissioner State Of on 27 June, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1815 of 2025 (M/S)
Preeti Chhetri and Another ..........Petitioners
Vs.
Excise Commissioner State of
Uttarakhand Dehradun and Others ........ Respondents
Present : Mr. Sandeep Kothari, Advocate for the petitioners.
Mr. Suyash Pant, Standing Counsel for the State
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this petition is made to the
followings:-
(i) Minutes of the meeting of the District Level Road
Safety Committee, Dehradun dated 27.03.2025
to the extent it directs the shifting of the Indian
Made Foreign Liquor Shop, i.e. Dalanwala
(Parade Ground), District Dehradun.
(ii) Order dated 13.05.2025, passed by the District
Magistrate, Dehradun, by which four liquor
shops were directed to be shifted.
(iii) Order dated 17.05.2025, passed by the District
Magistrate, Dehradun, by which the petitioners'
Indian Made Foreign Liquor Shop was directed to
be shifted.
(iv) Order dated 09.06.2025, passed by the Excise
Commissioner, State of Uttarakhand, whereby,
the appeal, preferred by the petitioners, has been
rejected. And;
(v) Order dated 09.06.2025, passed by the District
Magistrate, Dehradun, by which the petitioners
have been given time till 30.06.2025 to shift the
Indian Made Foreign Liquor Shop.
2. Heard learned counsel for the parties and
perused the record.
3. Petitioners had earlier challenged the action of
District Level Road Safety Committee, District Dehradun,
and the order of the District Magistrate, Dehradun dated
13.05.2025 and 17.05.2025 in WPMS No.1487 of 2025,
Preeti Chhetri and Another Vs. District Magistrate,
Dehradun and Others, ("the first petition") which was
dismissed as withdrawn with the liberty to seek
appropriate remedy before appropriate forum. Thereafter,
the petitioners did file appeal before the Excise
Commissioner, which has been decided by the order
dated 09.06.2025, pursuant to which, the District
Magistrate, Dehradun, had further granted time to shift
the Indian Made Foreign Liquor Shop till 30.06.2025.
4. At the very outset, learned State Counsel
submits that there is a statutory remedy under Section
11(2) of the U.P. Excise Act, 1910 ("the Act"). Therefore,
the writ petition may not be entertained.
5. Learned counsel for the petitioners submits
that on 23.05.2025, this Court had passed an order in
the first petition giving liberty to the petitioners to prefer
against the order impugned then, with further directions
that the order impugned in the first petition shall not
come into effect till 27.05.2025; the petitioners did file
appeal on 26.05.2025, but it was neither registered nor
taken up, nor the date was promptly informed to the
petitioners, and on 07.06.2025, in the morning, their
Indian Made Foreign Liquor Shop was closed. Thereafter,
the order in the appeal was passed, which has not
addressed to all the issues that were raised by the
petitioners in the appeal. He further submits that even if
now the petitioners prefer a revision under Section 11(2)
of the Act, it may get the same fate; no hearing; no date;
and it would remain pending for a long. He also submits
that the petitioners would prefer a revision on
30.06.2025, till the period he has been given time to shift
the shop, but he requests that the respondent-authorities
may be directed to at least take up and the interim relief
application may be decided on the same date.
6. Learned State Counsel submits that if a
revision is filed by 10:30 AM on 30.06.2025, the matter
shall be taken up the matter and the interim relief
application shall be heard on that date.
7. The Court takes on record the statement given
by learned State Counsel.
8. Since the petitioners have alternate statutory
remedy, by way of filing a revision under Section 11(2) of
the Act, the writ petition may not be entertained. The writ
petition stands disposed of, accordingly.
9. However, if the petitioners file a revision by
10:30 AM on 30.06.2025, the competent authority shall
take up the matter and hear the interim relief application
on the same date.
10. Let a certified copy of this judgment be
supplied to learned counsel for the parties, today itself, on
payment of usual charges.
(Ravindra Maithani, J.)
27.06.2025
Ravi Bisht
