PREMA DEVI Vs. STATE

JUDGEMENT

(1.) This writ petition is directed against an order passed by the State Government in exercise of powers under Section 11(2) of the United Provinces Excise Act, 1910. Facts in short giving rise to the present writ petition are as follows:

(2.) Surprise inspection was made of the licensed premises of the petitioner by the excise authority with the help of the police authorities. During surprise inspection, illicit liquor was recovered from the premises. Accordingly, a show cause notice was issued by the District Magistrate to explain as to why her licence may not be cancelled. The explanation furnished by the petitioner was not found satisfactory. Vide order dated 18.5.2009, the licence of the petitioner was cancelled.

(3.) Not being satisfied, the petitioner filed an appeal being Appeal No. 36 of 2009, under Section 11(1) of the United Provinces Excise Act, 1910 before the Excise Commissioner, U.P., Allahabad. The appeal was allowed vide order dated 8.1.2010 by the Additional Excise Commissioner.