KHEEM SINGH JEENA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred, by the appellant-writ petitioner in WPMS No. 2179 of 2019, aggrieved by the order of the learned Single Judge dated 30.07.2019 dismissing the writ petition.

(2.) The appellant-writ petitioner was allotted a foreign liquor shop at Kashipur in District Udham Singh Nagar. On the ground that the appellant-writ petitioner had failed to deposit the instalment for the month of January, 2019, proceedings for recovery of State dues was initiated; and a recovery citation was issued against the appellant-writ petitioner for recovery of Rs.3,69,342/-.

(3.) After taking note of the submission, urged on behalf of the State Government, that the order under challenge is an appealable order under Section 11 of the U.P. Excise Act, 1910, and the appellant-writ petitioner was deliberately avoiding this remedy, as he had to first deposit twenty-five percent of the amount, the learned Single Judge observed that, since the appellant-writ petitioner had a statutory remedy under Section 11 of the U.P. Excise Act, 1910, no interference was called for in the matter.