RAKESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THERE was a difference of opinion between the two learned Judges and, hence, the reference.

(2.) THE learned Judges have not framed the question which is required to be answered. Yatindra Singh, J. was of the opinion that: The site of a model shop can be relocated during an excise year; Model shops up to 15 percent can be created during an excise year; The petitioner cannot object to the creation of new model shops (within the permissible limits) as he got his licence renewed with this knowledge; Model shop can be advertised in middle of the excise year in an area where a shop is in existence; and, therefore, came to the following conclusion;

(3.) PURSUANT to that policy, an advertisement for renewal as well as grant of liquor shops was issued, which is on record. The petitioner had applied for renewal of his licence based on the said advertisement. Clause 1 of the advertisement for the excise year 2010-2011 reads as under: Country made liquor, foreign liquor and model shops can be increased by 15%; and Beer shops can be increased by 25%.