Disposed

Kuldeep Agarwal v. State of U.P. Thru. Secy. Excise Lko. and 2 Others

Allahabad HC27 Sept 2024WRIC/8447/2024

Case brief

AI extract

What is this about?

Writ petition concerning an excise godown licence in Hardoi. The court directed the petitioner to vacate the godown and hand over possession to the District Excise Officer on 01.04.2025, with liberty to pursue civil or criminal remedies for alleged misconduct.

What did the court decide?

Petitioner to vacate godown on 01.04.2025; Annexure 1 not pressed by District Excise Officer

Kuldeep Agarwal vs State of U.P. Thru. Secy. Excise Lko. and 2 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:75007-DB

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Court No. - 2

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Case :- WRIT - C No. - 8447 of 2024

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Petitioner :- Kuldeep Agarwal Respondent :- State Of U.P. Thru. Secy. Excise Lko. And 2 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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Heard Shri Krishna Kumar Singh, learned counsel for the petitioner and Shri Rajesh Tiwari, learned Additional Chief Standing Counsel for the State.

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The petitioner has not complied the order dated 27.09.2024. If there is any videography of the concerned Officer demanding bribe and threatening him, then, the petitioner can lodge an F.I.R. or file a complaint, as the case may be, under the criminal laws.

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Considering the fact that petitioner has not impleaded the concerned opposite party we can not consider questions of malafide in this case but this is without prejudice to the rights of the petitioner to seek other remedies as aforesaid.

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Let the District Excise Officer, Hardoi produce relevant documents containing the proposal for construction of a building on the very land on which the Godown already exists regarding which a license has been issued to the petitioner for the year 2024-2025.

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At this stage, Shri Rajesh Tiwari, learned Additional Standing Counsel for the State submitted that if the petitioner vacates the godown on the expiry of the period of License i.e. 31.03.2025, then, the Annexure No. 1 would not be pressed by the District Excise Officer, Hardoi.

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Learned counsel for the petitioner says that his client is ready to vacate the godown on 01.04.2025.

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In view of the aforesaid statement, the writ petition is disposed of with the observation/direction that the petitioner shall vacate the premises which is in his possession in pursuance to the License dated 27.03.2024 contained Annexure No. 2 on 01.04.2025 and handover peaceful possession thereof to the District Excise Officer, Hardoi.

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This shall however not come in the way of the petitioner in initiating proceedings, if he so chooses, against the concerned Officer under the civil or criminal law, as the case may be, in view of the averments made in the writ petition.

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(Brij Raj Singh,J.) (Rajan Roy,J.)

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Order Date :- 13.11.2024 R.K.P.

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Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench

Kuldeep Agarwal v. State of U.P. Thru. Secy. Excise Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Kuldeep Agarwal v. State of U.P. Thru. Secy. Excise Lko. and 2 Others

Case brief

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What did the court decide?

What the court decided

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