Veni Madhav Tiwari Vs State of U.P. Thru. Prin. Secy. Exicse Lko. and Others — Allahabad HC (2022) — LawSathi Research

Veni Madhav Tiwari Vs State of U.P. Thru. Prin. Secy. Exicse Lko. and Others — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the District Magistrate, Sultanpur by appropriate application within 10 days, annexing all documents intended to be relied upon including the judgment in State of Tamil Nadu and others Vs. K. Balu and another; the District Magistrate to call for reports from subordinate officers of the Excise Department and take an appropriate decision in accordance with law, including the U.P. Number and Location of Excise Shop Rules, 1968, within four weeks of receiving the application with certified copy of the order, after affording opportunity of representation/hearing to respondent No. 5, and to communicate the decision to the petitioner.

Issue for consideration

Whether the location of a licensed Beer Shop in Chanda Bazar, District Sultanpur, running near abadi land, is contrary to the law laid down by the Hon'ble Supreme Court in State of Tamil Nadu and others Vs. K. Balu and another. +1 more

Ratio / Principle

The grievance raised in the petition can better be looked into by the District Magistrate/licensing authority; the Court did not enter into the merits.

Key takeaways

Without entering into the merits, the petition is finally disposed of with liberty to the petitioner to approach the District Magistrate, Sultanpur by appropriate application within 10 days, annexing all documents relied upon including the judgment in State of Tamil Nadu and others Vs. K. Balu and another.ratio¶9
If such an application is made, the District Magistrate shall look into the matter, call upon requisite reports from subordinate officers of the Excise Department in the district concerned, and take appropriate decision on the petitioner's grievance.ratio¶10

Detailed headnote1 paragraphs

Public Interest Litigation (PIL) No. 294 of 2022, High Court of Judicature at Allahabad, Lucknow Bench (Devendra Kumar Upadhyaya and Subhash Vidyarthi, JJ.), decided 27.5.2022. The petitioner complained that a licensed Beer Shop in Chanda Bazar, District Sultanpur was running near abadi land, contrary to the law laid down by the Supreme Court in State of Tamil Nadu and others Vs. K. Balu and another (Civil Appeal Nos. 12164-12166 of 2016, decided 31.03.2017). Without entering into the merits, the Court held that the grievance could better be looked into by the District Magistrate/licensing authority and finally disposed of the petition with liberty to the petitioner to approach the District Magistrate, Sultanpur within 10 days with all supporting documents including the K. Balu judgment. The District Magistrate was directed to call for requisite reports from subordinate officers of the Excise Department and take an appropriate decision in accordance with law, including the U.P. Number and Location of Excise Shop Rules, 1968 as amended, within four weeks of receiving the application with certified copy of the order, after providing opportunity of representation/hearing to respondent No. 5, and to communicate the decision to the petitioner.

Court No. - 2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 294 of 2022

Petitioner :- Veni Madhav Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Exicse Lko. And Others

Counsel for Petitioner :- J.P. Shukla,Pawan Kumar Singh Counsel for Respondent :- C.S.C.

Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioner and learned State Counsel.

The grievance raised in this petition is that a licensed Beer Shop in Chanda Bazar, District Sultanpur is running near abadi land and the location of the said Beer Shop is contrary to the law laid down by the Hon'ble Supreme Court in the case of State of Tamil Nadu and others Vs. K. Balu and another decided on 31.03.2017 (Civil Appeal Nos. 12164-12166 of 2016).

The aforesaid grievance of the petitioner can better be looked into by the District Magistrate/licensing authority.

Accordingly, without entering into the merit of the case of the petitioner, this petition is finally disposed of with liberty to the petitioner to approach the District Magistrate, Sultanpur by making appropriate application within 10 days from today annexing therewith all documents on which he intends to rely including the aforesaid judgment in the case of Tamil Nadu and others (supra) .

In case any such application is made by the petitioner to the District Magistrate, he shall look into the matter and call upon the requisite reports from the subordinate officers of the Excise Department in the district concerned and shall take appropriate decision in respect of the grievance of the petitioner. The decision by the District Magistrate under this order shall be taken within four weeks from the date he receives the application alongwith certified copy of this order.

The decision shall be taken by the District Magistrate in

accordance with law and also as per applicable rules including U.P. Number and Location of Excise Shop Rules, 1968 as amended up to date.

We also provide that while taking decision on the application of the petitioner under this order, opportunity of making representation/hearing shall also be provided to the respondent No. 5.

The decision taken under this order shall be communicated to the petitioner as well.

Order Date :- 27.5.2022 Jaswant

Digitally signed by JASWANT KUMAR Date: 2022.05.27 18:55:48 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench