A distribution licensee challenged a blacklisting show cause notice and termination letter. The court held the petition premature since only a show cause notice had been issued and no legal injury caused, dismissing the writ with liberty to approach the court when a cause of action arises.
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2025:UHC:10559
| SL. No. |
Dat e | Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig nat u res |
COURT’S OR JUDGE’S ORDERS |
|---|---|---|---|
| W PMS 3 2 6 2 / 2 0 2 5 Hon’ble Man oj Ku m ar Tiw ar i, J. Mr. Shobhit Saharia, Advocate, for the petitioner. Mr. N.S. Pundir, Deputy AG, for the State. Mr. Arvind Vashistha, Senior Advocate, assisted by Sachin Veer Singh, Advocate for the caveator. (2) Petitioner was granted distribution license (BWFL-2B) by Government of Uttarakhand for Financial Year 2025-26, which is valid till 31.3.2026. A show cause notice was issued to the petitioner as well as respondent no. 3 on 27.10.2025, in which it is mentioned that if petitioner does not give satisfactory reply to the allegation made in the notice within one week, then both petitioner and respondent no. 3 shall be blacklisted. |
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| (3) Petitioner contends that he has submitted reply to the said notice on 30.10.2025 and the matter is now pending consideration before the Excise Commissioner. |
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| (4) By means of this writ petition, petitioner has sought the following reliefs: “i) Issue a writ, order or direction in the nature of certiorari quashing the Show Cause Notice/ Blacklisting Notice dated 27.10.2025 passed by the Respondent No. 2 (as annexed as Annexure No. 1 to this writ petition). ii) Issue a writ, order or direction in the nature of certiorari quashing the |
2025:UHC:10559
impugned distributors termination letter dated 06.11.2025 (as annexed as Annexure No. 2 to this writ petition). iii) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 3 to promptly start the supply of products to the petitioner as per the purchase order raised so the adequate stock can be maintain and supplied in the State of Uttarakhand.” (5) Learned State Counsel is right in submitting that writ petition is pre-mature as petitioner has challenged a show cause notice, whereby he was asked to give reply to the allegation made against him. (6) This Court is not inclined to entertain this writ petition, as no legal injury has been caused to the petitioner as yet. Accordingly, writ petition is dismissed as pre-mature with liberty to the petitioner to approach this Court as and when cause of action arises. ( Man oj Ku m ar Tiw ar i, J.)
2 7 .1 1 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.27 17:49:46 +05'30'
2025:UHC:10559
1 issue framed by the court
Whether a writ petition challenging a show cause notice is maintainable before any final order or legal injury has occurred?
Petitioner (BWFL-2B distribution licensee)
Respondent No. 2 (Excise authority issuing show cause notice)
State of Uttarakhand
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
