DEEPAK THAPA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In a public auction, petitioner was allotted license for retail sale of Indian Made Foreign Liquor at Rajpur Road, Ist, Dehradun. Respondent no.6 (Bhupal Arya) was allotted similar license for Rajpur Road, IIIrd, Dehradun at Gandhi Park. Upon grant of such license, respondent no.6 was permitted to shift his shop from Gandhi Park to Opal Lounge, Opposite to Secretariat Gate.

(2.) Petitioner challenged order of shifting passed by District Excise Officer vide order dtd. 9/7/2021 by filing an appeal. Petitioner's appeal has been dismissed vide order dtd. 18/9/2021. Feeling aggrieved by these two orders, petitioner has approached this Court.

(3.) Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State has raised a preliminary objection that in view of statutory remedy available to the petitioner under Sec. 11 (2) of the Excise Act, 1910, this writ petition is not maintainable.