KRISHNA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for a writ of mandamus declaring Rule 4 of the U.P. Settlement of Licences for Retail Sale of Country Liquor Rules, 2002 as also Clause 2A of the policy decision of the Excise year 2003-2004, dated 5.3.2003 as issued by the U.P. Excise Commissioner, U.P. at Allahabad as null and void being ultra vires of the powers of the Excise Commissioner and contrary to the statutory rules framed by the State under Section 40 (2) (e) and (f) of the U.P. Excise Act. The petitioner has also prayed for a writ of certiorari to quash the impugned order of the U.P. Excise Commissioner dated 3.7.2003 granting permission for opening of a new shop in the locality of Kiratpur, Bijnor in the excise year 2003-2004 as also the advertisement published by the District Magistrate, Bijnor dated 6.7.2003 Annexure-5 to the writ petition.

(2.) Heard learned counsel for the parties.

(3.) In exercise of powers under Section 41 of the U.P. Excise Act the U.P. Excise Commissioner framed Rules known as the U.P. Settlement of Licences for Retail Sale of Country Liquor Rules, 2002 copy of which is Annexure-1 to the writ petition.